Legal Question in Sexual Harassment in California

im currently going through a dilemma at work. I work with my x bf, we were friends for 7 years after we date. So when I took the position at his job we were only friends. He is my manager and I'm a supervisor at the company. He's been pursuing me, since i've started in the company. Buying me gifts, writing me letters, I have emails him inviting me to lunch and telling me how he wants to be with me, and i've repeatedly told him i dont want to be with him. He's also currently being accused for sexual harassment by a previous female employee. Recently he's been treating me quiet harsh. He has placed his hands on me at work, has tried to touch me on my legs.( I have a voice recording telling him, i didn't like him touching me, and him reponding, on his mother's grave he wouldn't touch me anymore ) on oct 14 i cut my hand at work, the HR lady told me I should go to the hospital and get it check out, to tell my manager that i was going. I went to tell him and he yell at me, saying how could i cut my hand, never once asking if i was ok; then continue saying "now i have to write a report, I dont have time to deal with you." then demanded me to write the report. I ended up going to HR and telling her he wanted me to write the report of the incident. She told me she would write it, and he insisted since i cut my left hand and I write with my right that I could write it. I told the HR lady the mistreatment i occurred at work, showed her pictures. On oct 15 the gave me a paid administrative leave till oct 25th, however he stayed working at the workplace. Please help me. I'm been bullied way too long and i want to stand up for my self.


Asked on 10/18/10, 9:20 am

4 Answers from Attorneys
Deborah Barron Barron Law Corporation

Sexual harassment and retaliation for rejecting the advances are both against the law. The fact that you used to go out with your supervisor in the past makes no difference. The company does not become liable for failure to stop the harassment until you complain to HR or a supervisor above the one doing the harassment. They should be investigating while you are on leave. When you come back, if they terminate you, then you will have a recoverable claim against the employer. If they fail to stop the harassment or retaliation and it continues, then you will also have a cause of action against the employer.

Let me know what happens after the 25th. [email protected]

http://www.lawbarron.com

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Answered on 10/23/10, 11:00 am
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

You also can open a worker's compensation case for your work-related injuries for both your physical and mental injuries in addition to a civil case against the employer for wrongful termination. Feel free to call us at 213.388.7070 for a free consultation.

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Answered on 10/23/10, 2:02 pm
Ramin Saedi Saedi Law Corporation, P.C.

It appears that they have violated some laws but we need to get more details. We are very interested to know more about your case to see how we can help you out. Please feel free to call us at 323-584-6644.

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Answered on 10/25/10, 1:06 am
Rodney Mesriani Mesriani Law Group

I believe you have a viable sexual harassment claim. Please call us so we can assist you in making this claim. Our telephone number is (310) 826-6300, ext. 50.

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Answered on 10/25/10, 10:57 am


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