Legal Question in Sexual Harassment in California

my question is if i reported sexual harassment at work to HR i gave them evidence and all they told me was they were gonna investigate, they told me they close the case because they didnt have proof. i was working first shift and they moved me to graveyard hours. do to this move i was getting a lot of anxiety knowing i hade to see this man when he walked in to work for first shift, my Dr. advice me to quit my job because it wasent good for my health since i have irregular heart beat tool so i quiet my job regarding this stress and anxiety i am having is affecting me in every way..i work'd for FedEx and i want to know if i could sue. thank you


Asked on 9/24/12, 2:52 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

A company is obligated to investigate in good faith. If they can find witnesses or evidence to corroborate your allegations, they are obligated to take action to remedy, prevent or punish the conduct.

If they can't corroborate, they can't punish anyone, but are probably obligated to separate the parties to avoid future problems, if you demand that. They are not allowed to make negative changes on your schedule or duties, but rather on the offender's.

Quitting your job without first consulting with an attorney was not a good idea, as now your only remedy, if at all, is a lawsuit. That will require you have substantial proof of the conduct, which you didn't have when the company was investigating.

If you filed a Workers Comp case for 'stress', you also negatively affected any discrimination case you might have had.

You now would have to prove the company violated the rules and you were 'compelled' to quit to avoid the 'retaliation' of schedule changes, etc. If you seriously think you can do so, feel free to contact me.

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Answered on 9/24/12, 3:15 pm
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

You can also open a worker's compensation case for stress and anxiety and irrigular heart palpitation and receive medical attention and a settlement if these condition has caused you permanent disability. You are also entitled to receive temporary disability benefits while you are treating. Feel free to call us at 213.388.7070 for a free consultation.

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Answered on 9/25/12, 1:42 pm


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