Legal Question in Workers Comp in California
I am a manager at a retail store. An associate is making a complain over something that happend last year in november to human Resources. She came back from a surgery someone asked her what was the cause of the tumors, she replied from shaving her butt. All I heard was the last part of the sentence so I asked from shaving your butt? evryone laugh days later she kept laughing and never said anything bothered her. After this incident she was fine with me she even gave me a christmas gift weeks later. Is her complain valid ? How long does she have to make a complain?
1 Answer from Attorneys
This is not a Workers' Compensation question; it is a sexual or work place harrassment issue.
I would think that the complaint is timely in that it was within one year. It does not sound like harrassment, however, especially if you both ar of the same gender [which I doubt]. You should go to HR and ask what is happening, do they consider your question improper to the point of being harrassment, if they find you did not violate any rules will they punish her for the harrassing effect her groundless complaint has had on you?
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