Legal Question in Sexual Harassment in California
I was working for Mcdonalds from 05/2008-09/2009. During that time one of my direct managers began to inappropriately touch me. I asked her to stop but then it progressively got worse. On one occasion she made a comment saying "i wanna try you" then asked me to take a picture of my genitals. meanwhile the assistant general manager was watching the manager say these things and nothing was done. One night she came up from behind me and put her hands up my shirt. when i asked her to please stop her and another employee began to make comments about my sexual orientation ( saying "i was a faggot that liked to take it up the butt") The assitant general manager at the time witnessed the verbal abuse and yet again did nothing. I am gay and being as half of the staff is homophobic i was afraid to ask her to stop again, in fear of the verbal abuse. I have witnessed at least three other employee's that were harassed and at least seven that can verify the attacks on me. In September the other employee's comments became to much for me to take so i quit. Please any advice will be appreciated. I'm currently unemployed and don't have the funds to hire an attorney.
3 Answers from Attorneys
Needless to say, this is not acceptable conduct by your former manager. Fortunately for you, most employee-side attorneys represent potential plaintiffs like yourself on contingency, meaning the attorney gets a percentage of any recovery or settlement you receive. I would advise you to go to CELA.org (California Employment Lawyers Association) and find lawyers in your area to speak to about your potential case. If what you have stated above is correct, there will be a number of lawyers interested in representing you. That should afford you the luxury of being selective in hiring the attorney who will eventually represent you. I wish you the best of luck.
Ari Leichter
_______________
Leichter Law Firm
Protecting Your Rights In The Workplace
3580 Wilshire Blvd., Suite 1745
Los Angeles, CA 90010
Phone: (213) 381-6557
Fax: (888) 801-6629
www.leichterlawfirm.com
I might add to the advice Mr. Leichter provided, that you should not wait to contact attorneys (CELA is a fine way to go) because of the one year deadline you have to file a claim. September may seem a long time away, but most attorneys will want to investigate your case first. If you have not already done so, make a list of witnesses and their contact information and prepare a time-line of all of the events that transpired, while it is still fresh in your mind. This information is very important for any attorney that takes your case.
You must file a claim with the EEOC or the DFEH within six months of the date that you quit. This is pure discrimination, battery, wrongful termination and more. Contact me directly. 20 years experience. Contingency agreement may be a consideration.
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