Legal Question in Sexual Harassment in California

sexual assalt

A co-worker held me down, kissed me, and busted my lip. I pushed him away. I told my boss. What is my boss legally obligated to do? If I refuse to work with the co-worker is obligated to grant that request?


Asked on 5/22/07, 1:18 pm

5 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: sexual assalt

Did you make a complaint regarding this co-worker before? If no discipline is taken against him, then you may have a claim against your employer. Contact me directly.

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Answered on 5/22/07, 1:23 pm
Bryan Becker Stutz Artiano Shinoff & Holtz

Re: sexual assalt

I am sorry to hear about your experience.

If the employer knowingly allowed this type of harrassing behavior to exist and/or continue, you may have a well deserved legal claim against them.

I would be willing to discuss some of the issues concerning your situation to see how I may be of assistance.

I offer prospective clients an initial consultation of 30 minutes for free.

I look forward to speaking with you.

Yours truly,

Bryan

Bryan C. Becker, Esq.

Principal

Law Office of Bryan C. Becker

The Koll Center

501 W. Broadway, Suite 800

San Diego, CA 92101

Toll Free: 877*201*8728

Direct: 619*400*4929

Fax: 619*400*4810

Member, National Association of Consumer Advocates

www.naca.net

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Answered on 5/22/07, 1:45 pm
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: sexual assalt

In addition to reporting the incident to the employer, you should make a written complaint to the local police department because you were sexually assaulted, a criminal offense.

In addtion, you can request that your employer seek to obtain a restraining order against the assailant to keep him away from you.

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Answered on 5/22/07, 2:17 pm
Alden Knisbacher knisbacher law offices

Re: sexual assalt

Ditto re: the police report -- file one on your own if the police won't do it -- you should demand that the employer get a restraining order against the co-worker; if your employer won't you should go into court yourself to obtain a restraining order -- it's a good idea to talk to a lawyer about how best to document the requests you make to your employer -- or even to have a lawyer deal directly with your employer on your behalf if that is something you are comfortable with.

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Answered on 5/22/07, 3:40 pm
Terry A. Nelson Nelson & Lawless

Re: sexual assalt

A company must properly investigate and take appropriate remedial action, including potential discipline or termination of the culprit, job reassignment, etc. Your desires and concerns are to be taken into account in determining the remedy. You should not be made to work with the culprit, because that could create a hostile environment. If the company does not properly and quickly make your environment safe, feel free to contact me to discuss your rights and remedies.

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Answered on 5/22/07, 8:25 pm


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