Legal Question in Employment Law in California
If an employee feels offended/harassed by a coworker shouldn't they tell that person to stop or report it to the manager or file a complaint with human resources? The person (the accused) will pay her compliments such as " you look very nice today" or " your hair looks nice"(she colors it frequently)and says it very respectfully.She says "thank you" or smiles and has never given any indication that his compliments are unwelcomed or unwanted.She didn't tell the manager or human resources.How is he to know he did anything wrong?
1 Answer from Attorneys
Yes, an employee cannot keep their concerns secret and then file a complaint, and expect to prevail, unless they can prove a clear and well known pattern and practice of complaints falling on deaf ears with management or HR.
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