I agree with Mr. Marshall's comments above. It appears that this discussion should occur in an attorney client privileged setting. Any advice you obtain in response to your question, whether supporting or undercutting your argument against disclosure, could possibly be admitted in subsequent proceedings. Any legal research should be discussed with another lawyer or your lawyer, but never on the internet during an ongoing case. Under HIPAA you generally have a right to order copies of any...
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In short, yes. This is a classic case of sexual harassment. Which is expressly made unlawful under California's Fair Employment and Housing Act (See the California Government Code, link below). The Fair Employment and Housing Act defines harassment because of sex as including sexual harassment, gender harassment and harassment based on pregnancy, childbirth, or related medical conditions. The Fair Employment and Housing Commission regulations define sexual harassment as unwanted sexual...
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First of all, in California, when one files a lawsuit they do not normally sue for a specific amount, as the jury or trier of fact will value the case based on the evidence. Assuming you are asking how to value your case, in general it can be said that, just as each case is unique with a different set of facts, so too will the outcome or value of a case be unique. Many factors come into play such as: 1) how "severe" the sexual harassment is (rape/assault is far more serious than an...
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Plain and simple: save the texts and photos. See an experienced employment attorney who handles sexual harassment cases--soon.
(Continued) The Epilepsy Foundation-Weingarten doctrine basically allows an employee, Union or non-union to have a representative of his or her choice present at employee interviews may reasonably be believed will give rise to discipline, including, but not limited to interviews in connection with sexual harassment complaints or allegations of unlawful discrimination, suspected violation of workplace policies; investigation of insubordinate conduct, workplace violence, or other inappropriate...
It appears an argument can be made that an employer’s interview of complainant’s sexual harassment claims may entitle the employee to have a representative present at the interview. In Gelini v. Tishgart (1999) 77 Cal.App.4th 219, an attorney who was employed in the defendant's law firm sued for wrongful termination in violation of Labor Code section 923, claiming she was discharged because she designated an attorney to represent her for purposes of negotiating “terms and conditions of...
If you have already asked him to stop and told him how it makes you feel, then you may need to put in writing. This could, however, make him suspect that you may have legal motives on your mind. But if you cannot continue working in this hostile environment, you may need to do it, even if it means he may eventually become afraid of you and look for ways to end your employment. If you mysteriously begin getting bogus "write ups" after putting your complaint in writing, then you may choose to...
As a California attorney I cannot provide you with legal advice, and provide the following for informational purposes only. Quick answer: you may or may not be out of time, but what will it hurt to try to file with the EEOC (and also with your state's equivalent agency, if it has one)? Even if they happen to tell you your claim is time barred, you will walk away with a better understanding of your rights, and will have created a record of the perpetrator's wrongdoing that may protect other...
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If you both are still employed by the same employer, and are in California, and the harassment is occurring in California, you might be able to request the employer intervene. In California, an employer has a duty to take all reasonable steps to prevent sexual harassment in the workplace from occurring. Although your prior consensual relationship was likely not sexual harassment, the co-employee's continuing to pursue the relationship and harassing you to coerce you into continuing it, after...
If filing a case in state court, depending on the law in your state, maybe. Many state laws require you to file a complaint with an administrative agency before filing a lawsuit, and failing to do so might result in dismissal of your lawsuit. Federal law may be similar to your state law. Consulting with an experienced lawyer in your state is advised.