Legal Question in Sexual Harassment in California
harrassment and termination of employment
I was working for a store in SF for 3 months with 1 other employee and the manager. Within a few weeks, I made the mistake of getting involved with the manager, who had been aggressively pursuing me. After a month, I realized this was a big mistake, and told him I wanted to end the affair, and just be an employee. He didn't like this, and he kept harassing me, swatting me on the rear, and making comments, even after I told him to stop. He was angry and last week, he said I was fired and to get out of the store. When I asked why, he said I had missed work 3 times. I have been a good employee, and only missed work when I was sick, and he excused me from work. When I tried to protest, he angrily told me to get out! He sent a final check. For the last week, I have been trying to contact the regional manager who had originally interviewed me for the job, and has come into the store and complimented me on my sales work. I want him to know what the store manager did, and I feel I should receive some compensation for the abrupt firing, and for the wrong reason. I lhave left numerous messages but he does not return my calls (he lives in Arizona). I think my manager must have said something to him. Do I have any legal recourse?
5 Answers from Attorneys
Re: harrassment and termination of employment
In theory, yes, you have legal recourse. But as a practical matter, it will not be easy, assuming the manager denies your allegations of sexual harassment. The burden of proof is upon you to prove you were fired because you cut off the sexual relationship with him. Even if you can prove that such a relationship existed, he will claim it was consensual and had nothing to do with why he fired you. There is no protection for a short term employee who works in a 3 employee store, for taking time off due to illnesss.
This is a classic example of why having a sexual relationship with your boss is never a good idea, regardless of the pressure placed upon you. It rarely ends well.
This is just a general response, based on minimal facts. For a more in depth opinion, you should consult with an experienced employment law attorney in your area, who can assess all the facts and discuss what options you have. Be aware that a legal administrative claim must be filed within one year of the harassment or termination to preserve your legal rights, or your claim will be forever lost.
Re: harrassment and termination of employment
Yes. File a Complaint of Discrimination and Harassment with the Dept of Fair Employment and Housing, whether you proof or not. If you can back up what you allege with any proof it happened, you have a case of sexual harassment and retaliatory firing that has value in a lawsuit. I'd be happy to help you in this, feel free to contact me. I've been doing such cases for over 20 years. If you're serious about getting the legal help you'll need, then talk to me before filing the Complaint to make sure it gets done right.
Re: harrassment and termination of employment
You do not say whether your are male or female, so I assume for the moment that you are female, as that's the most common scenario. You'll need to flesh out the details of your experience with an attorney in person before making any major decisions, as there are numerous pitfalls to bringing a case like this.
Still, we've been doing discrimination cases here in the bay area and would be happy to talk with you.
Good luck.
Re: harrassment and termination of employment
You do not say whether your are male or female, so I assume for the moment that you are female, as that's the most common scenario. You'll need to flesh out the details of your experience with an attorney in person before making any major decisions, as there are numerous pitfalls to bringing a case like this.
Still, we've been doing discrimination cases here in the bay area and would be happy to talk with you.
Good luck.
Re: harrassment and termination of employment
You do not say whether your are male or female, so I assume for the moment that you are female, as that's the most common scenario. You'll need to flesh out the details of your experience with an attorney in person before making any major decisions, as there are numerous pitfalls to bringing a case like this.
Still, we've been doing discrimination cases here in the bay area and would be happy to talk with you.
Good luck.
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