California | Sexual Harassment
Legal Question
Prerequisites for filing a sexual harassment claim in California?
What, if any, are the prerequisites for an employee filing a sexual harassment claim against an employer (and employees) in California? Oakland, Alameda County, if it makes a difference.
The reason I'm asking this question is that a friend's company is facing a sexual harassment suit from an employee, who has never notified her managers / HR, who has never filed anything with any labor agency, and has been seemingly happy for over 6 months. All the sudden a sexual harassment claim shows up, seeking financial compensation.
Is this even possible? Common sense seems to dictate that the claimant would need to document these allegations (probably multiple times) prior to being able to have the ''right to sue''.
What's the likelihood of a case like this holding up in court? Or is this pro-bono lawyer just looking for easy money through a massive number of cases (enough bullets thrown out = hit somewhere eventually)?
Are they automatically expecting a settlement that's priced to convince the employer that it's cheaper than fighting?
If fighting this bogus case and winning, are the legal fees recoverable?
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