Legal Question in Sexual Harassment in California

Requested transfer due to tension in the workplace

Several years ago I got involved with an employee and terminated the personal relationship after 2 years. This employee has now become my boss and tension in the work and home environment has been high. Unwanted comments and cards were received. I have been on disability for anxieties and depression due to the incident. I have requested a transfer so I will no longer work for this person, but I'm receiving some resistance from the director. I cannot go back to work in the same work environment reporting to the same boss as it is causing me anxieties and depression, which is going to leave me unproductive. What actions can I take to chane my work environment or get a transfer?


Asked on 10/20/05, 2:46 pm

3 Answers from Attorneys

Donald Holben Donald R. Holben & Associates, APC

Re: Requested transfer due to tension in the workplace

Need more info to answer your questions.

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Answered on 11/02/05, 2:32 pm
MARK GEYER LAW OFFICES OF MARK MITCHELL GEYER

Re: Requested transfer due to tension in the workplace

Hello. Assuming that the unwanted comments and cards are current, under general California law pertaining to "workplace harassment" you need to make a report to an immediate supervisor. Be detailed. Ask, in writing, for a transfer. I also assume that you work for a large employer with multiple available locations for you to perform your usual and normal occupation. As far as staying away from the workplace, probably not a good idea economically. If you just can't go in due to some form of active rather than passive form of discrimination, then you can seek redress through the DFEH and or EEOC which are the State and Federal agencies that handle these types of matters.

It also appears that you have not confronted the co-worker with a simple "leave me alone" which might also be a good idea.

To provide further info, a great deal more detail is necessary. Workplace harassment and or sexual harassment or similiar types of cases are extraordinarily complicated and difficult to defend or prosecute. No opinion about the efficacy of bringing a suit is stated herein and only general information and gerneral quesitons have been provided or posed.

sincerely,

Mark Geyer

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Answered on 11/02/05, 4:31 pm
Terry A. Nelson Nelson & Lawless

Re: Requested transfer due to tension in the workplace

The employer is required to provide a harassment free environment within reason. Voluntary moves and reassignments are possible, as is discipline for the harasser. You need to get an experienced attorney to help you sort our your rights and remedies, and resolve the situation or sue over it if appropriate. Contact me if interested in doing so.

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Answered on 11/02/05, 6:30 pm


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