Legal Question in Sexual Harassment in California

I am preparing to file with the EEOC but assume I can withdraw it if I don't end up pursuing a lawsuit, or if my company offers a severance package.

Working at a company the last 4 years as a tech writer, won all sorts of awards until I got a new boss in Oct 08. He continusouly spied on me and is very creepy and aggressive, even touched me. I reported him for outrageous gender comments made separately to his only 2 female subordinates including myself, and spying. There was an investigation but no findings were delivered, they just told me to report any future instances. He then announced to people his plans to lay me off, and began only giving me secretarial work. I reported him for retaliation in August. Someone from corporate HR is now coming to meet with me next week after I delievered a long statement of facts with dates and events. Am i putting myself at too much risk not to have a lawyer present?

2 former coworkers quit last year in May, because a manager aggressively pursued sex with one inside his office at work, and then tried to get another woman (his subordinate) involved in a threesome several weeks later. Both quit, and the subordinate reported sex happening on company premises and named the manager and secretary. I have information that this was another botched investigation, and once the 2 women were alerted to the botched investigation (less than a year ago, although the harassment took place over a year ago), they confronted the company and the company replied that the SOL is up. Is this true? All these managers still work here, and it was never dealt with. One woman involved is getting her house foreclosed on which was directly related to her having no other work when she quit over the harassment by her supervisor.

Thanks in advance.


Asked on 10/28/09, 4:12 pm

5 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

You have no right to a lawyer present at internal meetings. If they allow it, then you can, but I doubt they will. Before taking any further action or making any further statements, you should consult with counsel to determine what you 'should' be doing. If you have grounds for a suit, and are timely in bringing your claims, you need to know that. If you intend to bring a sexual harassment / hostile workplace suit, that has merit and value, feel free to contact me about getting the legal help and representation you will need. I've been doing these cases for over 20 years.

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Answered on 11/02/09, 4:21 pm
David Lupoff Law Offices of David B. Lupoff

I think you should consult with an attorney as quickly as possible. Please feel free to contact my office for a free consultation at 1.877.505.INJURY.

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Answered on 11/02/09, 7:22 pm
Robert Fruitman Fruitman Law Office, a P.C.

Since you are in Southern California and I am in Northern California, I cannot assist you except to agree with attorney Lupoff, i.e. contact a lawyer right away. Your questions are excellent, but the answers will take some time - seeing a lawyer in person will serve you best.

Re the time in which you must file - that time varies and it is imperative that you discuss this matter in detail so that none of the various limitations periods are missed.

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Answered on 11/02/09, 8:06 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

TO be taken seriously get represented now. 20 years experience in sexual harrassment issues and labor law. Contact me directly.

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Answered on 11/03/09, 2:26 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

You have a valid claim for a hostile workplace. Don't let it go stale.

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Answered on 11/03/09, 2:30 pm


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