Legal Question in Sexual Harassment in California

Retaliation by the company after reporting sexual harrassment

I made a sexual harrassment complaint and the person was found to be in violation of company policy and was notified.

Now I am being layed off in a workforce reduction and the person I made the complaint against is being kept. I am wondering if this is a form of retaliation?

They are offering me the option to stay and keep my job or to leave and the company will provide me with 3 months severance.


Asked on 2/09/03, 11:03 pm

4 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Retaliation by the company after reporting sexual harrassment

If there are others in your same position that are not being laid off, this would indicate retaliation. Please call me directly at (619) 222-3504.

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Answered on 3/21/03, 1:27 pm
Anthony Luti The Luti Law Firm

Re: Retaliation by the company after reporting sexual harrassment

Based on the limited facts you've provided, this could be a form of retaliation, assuming that you could show that the economic reasons given for your layoff are mere pretext for the retaliatory conduct. Please let us know if we can assist you further.

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Answered on 3/20/03, 1:46 pm
Frederick Choi Law Offices of Frederick H. Choi

Re: Retaliation by the company after reporting sexual harrassment

This may be a case of wrongful termination and/or retaliation. However, you need to provide more detailed facts such as your performance record, are others being laid-off, etc. If there is a reasonable amount of evidence which would suggest that you are being laid-off in response to your harassment claim, then you do have an avenue for legal recourse. I would first suggest that you inquire with HR for a written reason for your lay-off and an extension to decide on your severance offer. If you have any further questions, and are in the area, please feel free to contact our office.

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Answered on 3/20/03, 2:10 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Retaliation by the company after reporting sexual harrassment

this very well could be a form of illegal retaliation for your "whistle-blowing", but i would need more facts go on. feel free to email me more specific details of your case, and i will be able to further assist or represent your interests legally.

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Answered on 3/20/03, 2:44 pm


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