Legal Question in Sexual Harassment in California
Harrassed Then Laid Off
I had a relationship with my boss. He broke up with me then filed a restraining order to ''protect'' his company. My job was affected, I was working in a hostile environment due to the order. I was no longer allowed to participate in company activies, talk to co-workers, and he constantly reported to my supervisor any violation of the order. Information was related to my supervisor about events that did not concern work. I was so stressed out, emotional, and my feared I'd lose my job. I went out on a medical disability for emotional distress. When I returned back to work, I was laid off. The reason given was they were laying many off and I was the first, due to decrease in production. I was escorted out of the building. I was arrested a few days later, he claimed I assualted him. The charges were dropped. Now, I am so distraught I can't do much of anything. I seem to have a problem finding an attorney who ''specializes'' in this type of case, yet I know I have one. Don't I?
4 Answers from Attorneys
Re: Harrassed Then Laid Off
Sexual harrassment is a very serious tort. You would be entitled to lost wages, general damages (pain and suffering), potentially punitive damages, and, worker's compensation benefits for the stress claim filed simultaneousely with the civil action. Please contact me directly at (619) 222-3504.
Re: Harrassed Then Laid Off
Apparently, what you are being confronted by is a sick guy. There is little you can do, beside getting a restraining order against him. The kind of order you described, does not sound constitutionally sound. I have never heard of a restraining order preventing you from speaking to fellow workers. Courts are extremely reluctant to issue order which abridge the freedom of speech. Did you ever see the order, or were you only told about it. If it was not served upon you, you were not restrained from doing anything. Get a good lawyer and work with him/her to fashion an appropriate restaining order to give you a little peace of mind. The order may not work on a sick person, but the police are more likely to respond to harassment if an order is issued. Also, I would try something against this guy for the loss of your job. That may be harder, because you would need the assistance of your former employer, but naming them as a defendant may make the rats attack each other. You should get compensated for the loss of your job.
Re: Harrassed Then Laid Off
Yes, you should have a good case. Unfortunately, I am in Northern California, and your Zip Code indicates that you are in the south.
Re: Harrassed Then Laid Off
Thanks for your posting, and I am sorry to hear about your situation. I do believe that you have a case, but it will depend on some other factors that you did not mention in your post. It would seem that your firing was a pretext termination, and any witnesses you might have from within the company, as well as any documents you were asked to sign, are going to be important here.
If you are looking for an attorney, I would be happy to review your case further. Please feel free to call my office at 1-877-568-2977 or email me in response. Best of luck either way.
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