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View Full Version : Terminated with sexual harrassment


Dawn Crow
07-18-2004, 04:25 PM
I live in California. I was harrassed by my employer, he made inappropriate comments and jokes, as well as accusatory statements that created a hostile work environment. He began to become paranoid that I may have the ability to imbezzle money so he started behaving strangely. I suggested that he bring in a Business Consultant to protect him and make him feel more secure about the checks and balances that I implemented. He soon thought that I had a "long standing relationship" with the Consultant and started behaving worse. I had met the Consultant after he called him to ask his advice. I gave 4 weeks notice as I could not take it any more. My stress levels were too high. He let me go the next day stating that we were getting a "divorce". He then fired my daughter who worked as a receptionist and told her that she would now be "fatherless" as we were getting a "divorce". We have yet to receive our final pay not to mention bonuses that were promised.

Karen
07-18-2004, 04:35 PM
I live in California. I was harrassed by my employer, he made inappropriate comments and jokes, as well as accusatory statements that created a hostile work environment. He began to become paranoid that I may have the ability to imbezzle money so he started behaving strangely. I suggested that he bring in a Business Consultant to protect him and make him feel more secure about the checks and balances that I implemented. He soon thought that I had a "long standing relationship" with the Consultant and started behaving worse. I had met the Consultant after he called him to ask his advice. I gave 4 weeks notice as I could not take it any more. My stress levels were too high. He let me go the next day stating that we were getting a "divorce". He then fired my daughter who worked as a receptionist and told her that she would now be "fatherless" as we were getting a "divorce". We have yet to receive our final pay not to mention bonuses that were promised.

His behavior certainly sounds bizarre! On what grounds did he fire your daughter? Are you planning to file suit for sexual harassment? Do you have anything in writing as far as your bonuses are concerned? Otherwise, I'm afraid you may not see that money.

LConnell
07-21-2004, 07:25 PM
As you may know, California has very strict statutes prohibiting sexual harassment in the workplace. Forcing you to quit may be perceived as a constructive discharge. A constructive discharge occurs when a reasonable employee perceives no other avenue of remedy of stopping the harassing behavior other than quitting. Constructive discharge is viewed similarly to a termination. If your employment ended because you were the victim of sexual harassment, you may wish to consult with your former employer's human resources department (if one is available) or your manager's manager, if such a person exists. If neither party exists, you may wish to consult with the California Fair Employment and Housing Division.

In any case, you are clearly owed any unpaid wages due to you. California requires payment of wages at the time of termination for any person who was involuntarily terminated (as in the case of your daughter) or has given 72 or more hours of notice (as in your case). Your former employer is now in violation of California law for those wages.

Sue
07-22-2004, 08:10 AM
Hi Dawn:

In addtion to actual wages due, you may be entitled to penalty wages if your final wages are late. If you are fired, your employer must pay all wages due to you immediately upon termination (California Labor Code Section 201). If you quit, and gave your employer 72 hours of notice, you are entitled on your last day to all wages due. If you quit with less than 72 hours of notice, your wages are due within 72 hours after you notified your employer that you were quitting (California Labor Code Section 202).

If your employer willfully refuses to pay you within these time limits, your employer is subject to penalties for each day that your wages are late, for up to 30 days. Claims for late final pay are filed with the “Labor Commissioner” (California Department of Industrial Relations, Division of Labor Standards Enforcement).

In addtion, as far as the bonus pay, unless you have that in writing you will most likely not see that pay.

As far as the harassment,
The Fair Employment and Housing Commission regulations define sexual harassment as unwanted sexual advances, or visual, verbal or physical conduct of a sexual nature. This definition includes many forms of offensive behavior and includes gender-based harassment of a person of the same sex as the harasser.
he remedies available for employment discrimination include:

* Back pay
* Hiring
* Promotion
* Reinstatement
* Out-of-pocket expenses
* Front pay
* Policy changes
* Training
* Reasonable accommodation
* Affirmative relief
* Actual damages, including damages for emotional distress

To get more info on filing a complaint, the contact info is:

Employment/Public Accommodations:
1-800-884-1684 (Within California)
1-916-227-0551 (Outside California)

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