Legal Question in Sexual Harassment in California

On a trip my bosses boss took me to dinner and asked me about how I coped being single "physically" I evaded the questions, he then insisted on buying some alcohol and drinking it my hotel room, which I foosihly allowed but nothing happened, he just wanted to talk and that's it, nothing happened. SInce we came back from that bussiness trip I felt uncomfortable and reported him to my boss and HR at my company, I only reported that he had made innappropriate comments to me (left the part of he went to my room out since nothing happened). Now attorneys are involved and spoke to him and he told him about the hotel room. Now the attorneys are asking me to make a legal statement and made me feel as if I was the one who was hitting on him, I have no evidence of him making the comments and now I feel I can get fired for not telling the whole story. All I wanted when I reported him was that he would not "block" my career because nothing happened when he was at my room. How can I protect my job?


Asked on 3/31/12, 4:35 pm

3 Answers from Attorneys
David Lupoff Law Offices of David B. Lupoff

If nothing happened, then nothing happened - say nothing happened if asked.

My question to you is, since nothing happened, do you feel he should be punished for your subjective feeling? Just food for thought.

Good luck

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Answered on 3/31/12, 11:01 pm
Terry A. Nelson Nelson & Lawless

If he actually made 'inappropriate comments', then that is what you should report, the whole truth and only the truth. You started this process, you must now finish it properly. If you don't believe he should be terminated or disciplined, then say so. If you don't believe he meant anything 'inappropriate' then say so. If you exaggerated or misstated anything, then admit and correct it.

You are legally protected from 'illegal retaliation' for making a truthful report of discrimination or harassment. If you are found to have made a false report, that is different and not protected. If you suffer retaliation, feel free to contact me for the legal help you would then need.

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Answered on 4/02/12, 2:06 pm
Kristine Karila Law Office of Kristine S. Karila

Sexual harassment - to be unlawful in the workplace - must be either severe or pervasive. From your question, there are no facts which rise to either level. Since you reported the incident to the company, the company has a legal duty to investigate the conduct and make sure it doesn't happen again. That's why you are being interviewed by the company's attorneys. If similar conduct happens again, contact an employment law attorney.

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Answered on 3/25/13, 4:24 pm


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