Legal Question in Sexual Harassment in California

Sexual Harassment by IHOP Resturant Cook,

I am a server for a resturant.I was being cornered,grabed on,and talked to very pervertiedly to by the cook at the resturant.he started telling other male workers when they would talk to me ''she's mine'' It started scaring me and i started to fear rape.My manager when told about the harassment by me and coworkers gave me problems,cut my days to 2 days a week and fired me 2 weeks later.never taking action against the cook.What can I do? my resturant is franchise not corporate so I can not go to the head of the corperation.


Asked on 9/03/01, 5:44 pm

4 Answers from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: Sexual Harassment by IHOP Resturant Cook,

I agree with the other attornies regarding your rights based on the facts as you have presented them.

Since these postings do not provide details of where you live, and all of the previous responses were from Southern California, they may not be in a geographical proximity to you.

If you are in Northern California, and would like further advice, please feel free to call me at 925-924-0100.

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Answered on 10/11/01, 12:08 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Sexual Harassment by IHOP Resturant Cook,

Thanks for your posting, and I am sorry to hear you had to endure the environment you worked in.

Nobody can be forced to work in a hostile or sexually harassing environment. You have been, and should be, continuing to complain to management. You should also keep a diary or record of every incident you can think of, when, where, and who was present at each incident.

To me, the fact that this is a franchise store, and not company owned, is not really an issue. The fact that they are operating under the name and management guidelines of the larger corporation (including the operations manual or employee manual's prohibition against sexual harassment) may be enough to bind the company. Even if not, the management may need a message to stop the harassment.

If you would like representation, or have further questions, please feel free to call me at 1-877-568-2977. Thanks, and best of luck to you.

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Answered on 10/05/01, 1:57 am
Michael Burt Diamond, Burt, & Akhkashian

Re: Sexual Harassment by IHOP Resturant Cook,

From the facts that you stated, you have been a victim of sexual harassment. It sounds like you have a claim(s) against the employer. I advise that you find a good employment attorney to pursue your rights. If you have an questions, please feel free to call me at (213)384-2220, I would be happy to speak with you.

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Answered on 10/08/01, 3:42 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Sexual Harassment by IHOP Resturant Cook,

Sexual harrassment is a very serious tort. You would be entitled to lost wages, general damages (pain and suffering), and, worker's compensation benefits for the stress claim filed simultaneousely with the civil action. You may also have an action for tortious retaliatory discharge, in which punitive damages are allowed. Please contact me directly at (619) 222-3504.

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Answered on 10/05/01, 8:22 am


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