Legal Question in Sexual Harassment in California

Harassment by Owner of Company

Hi well my situation has a lot of details but I'll try to keep it short. I am the direct assistant to the owner of my company. A month after I started he began making very vulgar sexual comments and gestures to me. I just normally would ignore it or nervously laugh it off. I never told him to stop I just avoided it. It has continued and not only in private but infront of coworkers. I'm not sure if I am in the wrong since I never spoke up, but I don't feel I should have to say anything because no employee should feel like that. We do not have an human resources department so I have no one to go to. Should I find a lawyer?


Asked on 12/17/06, 8:18 pm

5 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Harassment by Owner of Company

If you wish representation or discuss you case you may call me directly at 1.619.222.3504.

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Answered on 1/26/07, 3:48 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Harassment by Owner of Company

You can write a letter to him telling him how his comments and gestures are unnerving, unwelcome, that you consider them harassing, and are creating a hostile work environment. Keep a copy of your letter at home or off-site. Tell him that they must stop. If he does not, you can file a complaint with the CA Dept. of Fair Employment and Housing, and they will investigate if the company employs 5 or more people.

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Answered on 1/25/07, 7:33 pm
Alden Knisbacher knisbacher law offices

Re: Harassment by Owner of Company

You should definitely find a lawyer. You need to document the situation. But how you do it, and when, are important. This should be discussed with a lawyer. (Sexual harassment is prohibited by all employers, not just those that employ more than 5 employees.) Feel free to contact me at my private email if you want more information. Good luck.

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Answered on 1/25/07, 7:41 pm
Thomas Pavone Pavone & Cohen

Re: Harassment by Owner of Company

You have described conduct that constitutes sexual harassment. You should consult with counsel to establish the best course for you. While you can certainly make a complaint, you should know all of the ramifications if you do so. You may be better served by bringing your complaint to the appropriate forum before confronting your employer. Counsel who is informed of all the facts may want you to gather evidence or other information before any action is taken. If you are in the Southern California area and have further questions, feel free to call.

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Answered on 1/25/07, 7:46 pm
Terry A. Nelson Nelson & Lawless

Re: Harassment by Owner of Company

IF you have any way of corroborating your facts, you have a case, whether you complained or not, unless you were a willing participant. Feel free to contact me to discuss your facts and rights. This has been a practice specialty for over 20 years.

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Answered on 1/25/07, 10:03 pm


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