Legal Question in Sexual Harassment in California
I am a 2% partner in a California LLC. My title is Director of Sales of my division but I do not hire, fire, or manage any employees. My girlfriend also worked at the company as a sales person in a different division and has filed a case of discrimination and harassment against her supervisor and VP of her division (wife and husband, respectively). I have been informed by my company in writing with a Performance Improvement document that asserts that I was negligent, per the employee handbook, in reporting her alleged harassment in a timely manner (they are citing email(s) she wrote to me) and that my employment is subject to termination and have implied that they will seek monetary damages if her case results in damages to the company. side note: I immediately reported to the Managing Partner the discrimination against her by her supervisor which precipitated her constructive discharge. Since seeking legal counsel her case is (now) centered around sexual harassment against the VP of her division. Am I liable for damages?
2 Answers from Attorneys
A 'harrassed' employee can name in a lawsuit anyone that contributed to the problem, including mgmt that failed to protect her. If you are sued, the company should provide you with legal representation. If they refuse, then feel free to contact me for the legal help you'll need.
Managers acting within their managerial responsibilities are not personally liable for damages unless their actions are outside the scope of their employment. It does not sound as though that is the case here.
Managers are legally required to take immediate action as soon as they know of an employee who claims they are sexually harassed. It appears this employer is saying you failed to do that and, if they are held liable to your girlfriend for not preventing the harassment from continuing, they will go after you for indemnification. They may believe their is some collusion between you and your girlfriend.
Most likely, this is a scare tactic designed to force you to resign. Whether you may be able to claim retaliation depends on many facts that must be evaluated and is beyond the scope of this forum. You should consult with an employment law attorney in your area to discuss your legal rights and explore your options.
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