Legal Question in Employment Law in California

My question is regarding sexual discrimination. I was recently terminated from my position as an Asst. Manager from a company that I had been employed with for almost 3 and a half years. Two weeks before being terminated, I told both my general manager and my district manager (both are male) about being harassed (I am female) by another Asst. Manager (male). They did nothing. Later that week, a female employee was severely harassed by the same Asst. Manager I had complained about. Our general manager finally called HR a full week after I had complained and four days after this young lady had complained, but only after I pleaded with him to do so. The other Asst. Manager ended up resigning from his position before anything could be investigated.

Another female employee, who had been close to this male Asst. Manager, then filed a complaint about me. Her complaint was IMMEDIATELY investigated, albeit poorly.

My question is whether this is sexual discrimination against me for waiting so long to investigate my claim against another, yet essentially terminating me without doing a full investigation on my behalf?


Asked on 10/14/09, 12:35 pm

3 Answers from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

It could be sexual discrimination, if you were treated differently due to your gender. More likely, it could be retaliatory for having complained about the male Asst. manager. If you were terminated, as a result of the complaint, or otherwise tangibly harmed, you should consult with an experienced employment law attorney in your area, to better evaluate any possible legal options you have available to you.

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Answered on 10/14/09, 1:29 pm
Terry A. Nelson Nelson & Lawless

Your 'hook' in this is your termination. That clearly fits within the definition of 'retaliation' for making a complaint. They would have to have compelling and documented justification for terminating you for 'valid business reasons' in order to overcome your illegal retaliation claim. Please, contact me to discuss your rights and remedies under the law if you are serious about pursuing this. I've been doing this kind of employment and discrimination law for over 20 years.

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Answered on 10/14/09, 1:38 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

If you wish to pursue a wrongful termination claim, contact me directly.

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Answered on 10/14/09, 9:58 pm


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