Legal Question in Sexual Harassment in California

I am a landlord of a multi-tenant building. I pay a security company who sub-contracts to other security guards. I received a complaint today from one of the tenants, that his employee/girlfriend was requested to have sex by one of these security guards. The tenant was upset and wanted repercussions. What can be done legally if I wanted to keep the guard? That employee/girlfriend might be lying because for months, we have caught her soliciting catalogs and selling goods for her own benefit, violating the boyfriend's lease. That security guard has repeatedly told her that she was not allowed to pass out catalogs to customers and other tenants and other tenants' employees. We believe that since we recently warned her to stop soliciting, that she may be trying to deflect that blame and make us worry about a sexual harassment case. What do you recommend to do with the security guard/company? What should we do to get that employee/girlfriend of the tenant to stop soliciting goods? On video surveillance, the catalogs look almost like magazines only.


Asked on 11/17/09, 1:33 am

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Sexual harassment claims create a difficult situation for a landlord. To protect yourself, you probably should talk with the security company and explain the situation. It might be best to replace the security guard while the woman is still living there so that you do everything to protect your tenant and yourself. Of course, let the new security guard know of the soliciting goods issue, and do what you need to do to document her improper activities.

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Answered on 11/22/09, 6:32 pm
Terry A. Nelson Nelson & Lawless

You keep the guard at your own peril. Knowing the sexual accusations she is making, and allowing the guard to continue could make you increasingly liable for whatever he does. You should probably require the company replace the guard, as is your right to do, even if you think the accusations are fabricated. You still could be sued by the woman for the original problem, but by taking corrective action, you minimize that risk. No easy answer. If serious about getting legal help, feel free to contact me.

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Answered on 11/23/09, 4:57 pm


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