Legal Question in Sexual Harassment in California
if it happened once it is illegal?
Ok, to keep it short let me just say my boss at work sent me a very offensive sexually charged email at the work place that stated''i want suck your shaved cock'' he is male along with myself he claims his roomate sent it to the work place and it was not intened for me however i was the one who recieved the email at our ''group'' email site in our warehouse i went directly to upper managment about the email and i was told to just forget it and delete the email my boss deleted i did not, after 3 weeks of no investigation being conducted i was written up by my boss for mistakes i had made and threated with my job, i quit at that time, i am now filing harrassment charge and i am being told by their attorney i have no case, i was also denied my unemployment benefits.
4 Answers from Attorneys
Re: if it happened once it is illegal?
You have an action for Tortious Discharge in Violation of Public Policy. You are entitled to lost wages, lost earining capacity, general damages and possibly punitive damages. Be aware that if your employer was a publice entity that you only have six months from the date of discharge to file a claim. Please call me directly at (619) 222-3504.
Re: if it happened once it is illegal?
from the facts given so far, not only do you have a case, but you have a rather STRONG one for quid pro quo and/or hostile work environment sexual harassment. if you would like legal assistance in handling your claim and getting justice, please email me the specifics of your case today along with an actual copy of the email your boss sent you included therein. once i get all of this from you, i can further assist you legally. talk soon.
Re: if it happened once it is illegal?
I agree with Dr. Torrey here. Based on the limited facts you've provided, federal and state claims for sexual harassment, constructive discharge, hostile work environment and retaliation are entirely conceivable. Please feel free to contact me if you'd like to discuss your case further.
Re: if it happened once it is illegal?
Based on your facts you do have a potential claim. The failure to investigate is one issue, aside from the email itself. Also, the threats of termination are illegal for requesting an investigation or reporting harassment. If you are in the area and would like further consultation, please feel free to call.
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