Legal Question in Sexual Harassment in California
If a Manager uses false sexual harassment claims on you to control you at work but never files a complaint according to state regulations but you file a complaint with the DFEH because the false claims stressed you to the point of a heart condition and the manager now states if you don't drop your claim with the DFEH she will then file a complaint on you (without any evidence), what do you do? How do you handle this form of retaliation? I have evidence to support my claims. I have pictures to prove racial disparity, I have text messages to show I informed the Managers Supervisor that she was trying to make a false claim on me and the Supervisor would not help me, just told me to do my job. When I file my claims with the DFEH the owner of the franchise transferred me to another store, when I told him I refused to be punish for making a complaint he put me on a paid leave pending the investigation. The owner refuses to respond to the DFEH claims, he told me if I don't drop the claims he will allow his Manager to now file sexual harassment claims on me even though they are false. I have never sexually harassed anyone, no claims have ever been filed, I have never been put on any notice for anything. I now have a heart condition and high blood pressure from all this distress. What happens if she does file false claims without any evidence or witnesses?
2 Answers from Attorneys
You need to consult in person with a plaintiff-side labor lawyer about this. You are seeking personal advice about your situation that simply cannot (and should not) be given in a public forum. Much depends on the claims involved, what your text messages say, what else is in writing, what evidence you have of your medical conditions, and many other things.
Many plaintiff-side labor lawyers offer free consultations. I would look for one in your area.
Best of luck to you.
What do YOU do?
Hire an experienced attorney to consult with about what the provable facts are, and what then are your rights and remedies.
If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible. I�ve been doing these cases for many years.