Legal Question in Sexual Harassment in California
Sexual Harrassment
I used to be a manager in a restaurant and received a complaint letter from the Superier Court that I was sexually harrassing an ex-employee of the restaurant during the period when she was working for the restaurant. She resigned subsequently and I also terminated my employeement with the restaurant.
Do I need to take any responsibilities to hire an attorney and defend myself? Or is the restaurant responsible? Please advise.
4 Answers from Attorneys
Re: Sexual Harrassment
There is no such thing as a 'complaint letter' from the superior court, but there is a Summons and Complaint that probably was served upon you. That means someone is suing you. Unless your previous employer provides you with an attorney to defend you in the case, then YES, you will need to hire an attorney to avoid a default judgment against you. At least consult with an attorney to make sure you are handling the situation correctly. Feel free to contact me.
Re: Sexual Harrassment
Since you were named as a defendant in the lawsuit, you must answer it within 30 days of service, or a default judgment may be entered against you.
The law allows employees to sue individuals for sexual harassment. Usually, the employer is sued as well, but if you were not the plaintiff's manager, but a co-worker, and the employer had no reason to know of the alleged acts of harassment, they are not legally liable and do not have to defend you.
There is no question you will need to hire an attorney to represent you. It may be costly, but failure to retain competent representation may end up being even costlier.
Re: Sexual Harrassment
You need to ANSWER the complaint. Of course your attorney should request your employer to defend and attempt to find insurance coverage. You will most likely be on your own however. Call me directly at 16192223504.
Re: Sexual Harrassment
You may be able to have the former employer do all the heavy lifting, but if you fail to answer a complaint, you have to assume the Plaintiff will get eveything they've asked for. My rates are very reasonable and I offer free consultations.