Legal Question in Sexual Harassment in California
Lead person won't answer girlfriend at work
My girlfriend and I broke up for a short period, she is a receptionist at this company. she became friends with one of the lead people at her job. They had lunch a few times went out once, just friends, then we got back together. Now he tells her he doesn't want to see her in the office, tells her to get a new job and leave, won't answer her calls and pages at work, one day left without telling her leaving just her and one other lady alone in the factory/office building with no one to lock up the place and tells her that she was stupid in getting back with me that its not going to work.. just giving her a hard time because she won't start a relationship with him.
2 Answers from Attorneys
Re: Lead person won't answer girlfriend at work
-There are cases on both sides of this issue. Some say retaliation for a rejection is not sexual harassment, others say it is. I would need more facts before stating whether she has a case or not. You should be aware, however, that that under California law, companies are strictly liable for harassment by supervisors.
Re: Lead person won't answer girlfriend at work
Thanks for your posting. As Mr. Kreuzer noted, the key fact is whether or not that person can be considered a "supervisor".
This does not mean that she cannot complain about this person's behavior, which would be a good starting point. If this harassment has been so severe and continuous to constitute a hostile work environment, or causes her to be fired or quit in disgust, there might be a case for harassment there.