Legal Question in Employment Law in California
Wrongfull termination
I was a secretary for 8 months. My boss was always talking about sexual experiences and I had expressed to my supervisor that I felt it was inappropriate. I think she may have mentioned something to my boss because my boss began to treat me very badly. She made constant rude comments to me and would continually hurt my feelings. She would belittle me to the point where I would cry. I told my supervisor that I would like to be demoted to my old position to avoid any further harassment. I told her that my boss' behavior was causing high stress. With human Resources present my supervisor had a meeting with my boss. The outcome that was reported to me was that she was sorry and would talk to me. Two days later she terminated me. No reason was given. three days later I asked to view my personnel file. They got defensive and said to call their attorney. I feeel I was wrongfully terminated because I went to human resources with a problem. Can I sue for wrongfull termination?
5 Answers from Attorneys
Re: Wrongfull termination
Yes, the information you have provided shows some evidence of retaliation for your complaints. Government Code section 12940 prohibits this kind of retaliation for reporting what you perceive to be a hostile work environment. However, there are other questions to be answered. For example, are there any other reasons that the company would be able to claim as the reason for your termination? Do you believe that your employment was terminated because of your complaints?
You should also be aware that you are entitled to see your personnel file upon reasonable request. You are also entitled to copies of all documents within the file that you have signed. It is always good to review your file and then ask for a full copy of it.
You should pursue this further, but don't get down about it. Success is the sweetest revenge.
Deborah S. Robbins
Re: Wrongfull termination
You are protected by whistleblower laws, you do have an action for wrongful termination for reporting sexual harrassment. Sexual harrassment is a very serious tort. You would be entitled to lost wages, general damages (pain and suffering), potentially punitive damages, and, worker's compensation benefits for the stress claim filed simultaneousely with the civil action. Please contact me directly at (619) 222-3504.
Re: Wrongfull termination
Yes. It sounds like you have a good case for retaliation and sexual harassment/discrimination. You can contact an attorney immediately or you can first contact the Department of Fair Employment and Housing and file a charge of discrimination. You should talk to an attorney before you do this but it is not necessary. DFEH will investigate and may offer to pursue your former employer on your behalf; alternatively, you can request what is termed a right-to-sue letter which is your 'ticket' to court. Again, an attorney can advise you in more detail regarding your rights.
Very truly yours,
Chris Ferry
Re: Wrongfull termination
you may have a viable lawsuit for wrongful termination, harrassment and other potential causes of action . . .
you need to be aware that first you must exhaust administrative remedies for wrongful termination or sexual harassment . . . depending on the number of employees within the company, you may be able to pursue the claim on your own with California's Fair Employment and Housing office . . . but this must be done within a specified time period or you will forever lose your rights to recover damages for these claims . . .
alternatively you could request a right to sue letter from FEHA but usually that is recommended only if you have a lawyer to do that for you . . and you still must comply with the time limits . .
there may be EEOC claims available under Title VII but California's laws are more liberal than federal with regard to sexual harassment claims . . . if you do have an EEOC claim to file you must do it within a shorter time frame than the FEHA claim . . .
whatever you do . . . it is wise to consult with counsel before you venture on your own . . . I urge you to do so promptly . . . good luck . . .
Patty Lewis . . . [email protected]
Re: Wrongfull termination
I would need additional information in order to intelligently answer you question.
You should immediately contact an attorney.
Frank Hakim, Esq.
LAW OFFICES OF FRANK HAKIM
Tel. (310)789-2240
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