Legal Question in Sexual Harassment in California

Sexual harassment and retaliation

I am a server in a restaurant, a customer has touched me in the past making me uncomfortable. He swatted another server on her butt. The other server and I complained to our manager.He did nothing. One month later the customer rubbed up against me and touched my butt. I called police. a sexual battery charge is pending. Now my manager is bad mouthing me in restaurant to co-workers and customers. He has threatened to fire me, write me up, accused me of vandalisim and said i invited the guy to touch me. I have reduced my work days down to three, I am an excellent employee of 5 years here, I complained to this managers boss but he has offered no solutions. It is demeaning to me to have to call the police to ensure my own protection at work. The restaurant admits to an offensive touching, but beyond that scope denies everything else. I contine to reap the retaliation. also prior to this, this manager treated me equally. do I have a good case for litigation and will someone fight for me.


Asked on 2/01/01, 9:46 pm

2 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Sexual harassment and retaliation

You may have a case for sexual harrassment, slander, and retailatory discharge against your employer, and, assault and battery against the customer. While you were not fired you have lost wages, and a reasonable person in your position would quit. It is against public policy to allow sexual harrassment in the workplace. You should not have to had suffer a sexual assualt, especially at work. Your employer should have taken measures to protect you and not have condoned the customer's actions. I apologize for the delay in the response, but your question was just posted. Please contact me directly at (619) 222-3504. Yes I will fight for you.

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Answered on 3/16/01, 4:03 pm
Stephen Gibbs Law Office of Stephen Gibbs

Re: Sexual harassment and retaliation

Hello:

Your question was just posted this morning on our system, so that is why my response is delayed.

You most certainly have an excellent lawsuit against the owners and the manager who is harrassing you. This type of abuse is totally illegal.

If you live in the SF Bay area, I'd be very happy to speak with you about your rights and how to take legal action against these pigs. Please give me a call at 408-295-8282.

Steve Gibbs

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Answered on 3/16/01, 4:55 pm


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