Legal Question in Sexual Harassment in California

I have a question regarding sexual harassment. I am a 28 year old female and I was hired to work as a live-in personal assistant/nanny for a family in California. I was being paid under the table for about 6 months. Half way into my job, I started to feel a little nervous when around the husband. He would sometime slap my a** etc, I took it as that's just the way that he was. It all started to add up and whenever I was around him, I felt like he wanted "more". I tried my best to keep my distance from him. Then he told me to kiss him, I said No. He said yes, and the first thing that went through my head was, "if I don't kiss him, he will fire me." So I kissed him. Eventually going all the way with sexual intercourse a few times. Now, as I sit here writing this, I have been unemployed for over 3 months and running out of money, mentally disturbed a bit, and feeling horrible. I really need to know if I have a case here or not.

Thank you.


Asked on 2/12/11, 7:57 pm

2 Answers from Attorneys
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

We need a lot more details about what took place. Feel free to call me at 213.388.7070 for a free consultation.

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Answered on 2/13/11, 11:23 pm
Terry A. Nelson Nelson & Lawless

You face several problems:

1. proof of what you say - it isn't admissible evidence in court or true just because you say it. Witnesses or confession by him would be necessary. Sounds like the only potential witnesses are his family, at best. Did you keep any 'evidence' of what was going on?

2. . proof it isn't / wasn't consensual -- always a dispute when you never complained to anyone else. Did you complain at the time to anyone? After your firing complaints are mostly irrelevant.

3. proof you were even employed, and not just a friend helping out, nor even a mistress gone angry and vengeful. The wife and family would likely admit to your employment. Illegal cash payments always create problems of proof, and with your ethics and credibility as a witness.

If you think you have any way of overcoming these issues, feel free to contact me for legal help.

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Answered on 2/14/11, 2:08 pm


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