Legal Question in Sexual Harassment in California
Unlawful Termination: Accused of sexual harrassment
I was working for a grocery store company for almost a year. I was fired and not given much of an explanation except that ''somebody'' was ''offended'' by something I said at work. I had a phone trial to decide if I was elligible for unemployment, and at this trial, my past employer said I sexually harrassed one of my supervisors. She testified to three instances where my humor had a sexual nature. The thing is, I had no idea that she was ever offended by my humor and I had no intention of harrassing anybody. I actually thought she and I were co-worker/friends and were on good terms. I later found out about rumors circulating that said I had a crush on her, which is completely false. I was never informed or warned of any problem with my behavior at work. I know that only unwelcomed behavior is illegal and that the ''harrasser'' needs to be clearly informed of that the behavior is unwelcomed. This was never done. Also, 95% of employees at this store made sexual jokes on a daily basis and I don't know why I was singled out. No one else I worked with had any problems with my humor and actually enjoyed my sense of humor. What can I do legally to get my side heard and hopefully clear my name of these unjustified accusations?
1 Answer from Attorneys
Re: Unlawful Termination: Accused of sexual harrassment
your question is a very good one, and you are absolutely right on point regarding how sexual harassment is defined and punishable. if your supervisor never made any formal complaints to you and/or your company's human resource department, then there would be no way in you knowing that your comments or jokes were inappropriate or sexually harassing to anyone, including your supervisor, and especially if your other co-workers made similar type jokes in a similar manner in which you publicly made them in the office. thus, you would have been unaware that your comments or jokes were causing a hostile work environment toward anyone whatsover, nor were you put on notice that your comments or jokes were so outrageously in bad taste or patently offensive that they could constitute quid pro quo sexual harassment. Thus, it does appear to me from the facts you have submitted here that you were absolutely wrongfully terminated for bad cause. i would suggest one of two things:
1) filing a formal complaint with the EEOC and/or FEHA to have your former company investigated regarding your accusations, and then obtaining a right to sue letter from these agencies, or...
2) hiring an attorney on an hourly or contingency fee basis to represent your claims to the otherside or ultimately in a court of law.
if you chose the latter, feel free to contact me directly for further legal assistance and guidance in this matter. my direct email address is [email protected]
i am more than willing to hear the specific details of your case and help you receive justice for what i also deem as wrongful termination for bad cause of your previous employment, based on the general facts you have submitted thus far. i look forward to hearing from you. best of luck and i hope my answer here has helped answer your initial question.
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