Legal Question in Employment Law in California

I recently filed a confidential complaint against by boss. Since that time i have not recieved any work from my boss. I feel like my boss was told about my complaint. This was suppose to be in confidence. If i can prove he was told about my complaint, can i have a lawsuit against this company?


Asked on 6/01/11, 3:52 pm

3 Answers from Attorneys

David Sarnoff Sarnoff + Sarnoff

It depends on a number of factors. Are you getting work from other people? Are you earning less because your boss isn't giving you work, or are you on a salary? Is your boss singling you out for discipline or other adverse employment action?

It also depends on the nature of your complaint. If you complained that he's mean and yells at you, that alone is likely not covered under the law. However, if you made a complaint that he sexually harassed you, or discriminated or harassed you for another reason, such as your gender, age, sexual orientation, race, disability, national origin, ancestry, or other protected characteristics, then you may have a claim.

Generally, an employer is not allowed to harass, discriminate against, or retaliate against an employee because of a protected characteristic or for making a complaint of discrimination, harassment, or retaliation. Thus, if you made a complaint that your boss was, for example, sexually harassing you, and your boss is now retaliating against you because of that complaint, then you should speak with an employment lawyer about your situation.

Getting proof of your boss having been told would be very important, especially if you can get the documentary proof or a signed written statement from a coworker stating that your boss was told, who told him, and how the coworker knows this.

If you get more information and wish to speak with an employment attorney, please visit our firm's website, www.sarnofflaw.com. There you'll find a confidential online case evaluation questionnaire that will provide us with information we need to evaluate your claims.

Read more
Answered on 6/01/11, 4:08 pm
Robert Worth Robert J. Worth , Professional Law Corporation

As stated by the other attorney there is insufficient information about your complaint to make any determination of whether it was inappropriate or not but this could possibly be a retaliatory act against you. It's just too hard to make a determination on this. I hope this helps.

Read more
Answered on 6/01/11, 4:11 pm
Terry A. Nelson Nelson & Lawless

Only if your complaint was about actual civil rights discrimination, wage and hour claims, or the few other legally defined and protected issues. Office politics, personalities, poor management, simple harassment, 'not nice', 'mean', etc., are not legally protected against. Now if the complaint was about things illegal under those definitions, and you think you can prove 'retalliation' for that complaint, feel free to contact me for the help you�ll need.

Read more
Answered on 6/01/11, 5:16 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California