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Timothy Blaise Broderick

Timothy Broderick’s Answers

10 total

  • What kind of attorney do I need?

    I believe I was a victim of Sexual Harassment from an employee of a major corporation (Not stating the company name for privacy reasons). While shopping , the employee started walking towards me licked his lips, stared down my blouse, made a sex...

    Timothy’s Answer

    I am answering your question because your fact pattern is one that causes frustration for victims and their lawyers alike. If your unfortunate encounter happened in California, there are two statutes to consider for making sexual harassment claims. One is the California Fair Employment and Housing Act ("FEHA") (see California Government Code Section 12940). The other is California Civil Code Section 51.9. FEHA protects employees from sexual harassment. Civil Code Section 51.9 protects some categories of relationships from sexual harassment, such as protection for a student from a teacher, or a client from an attorney, or a patient from a doctor, and the like where the relationship cannot be easily terminated. It appears you were not in an employment relationship or in a Civil Code Section 51.9 relationship. Arguably you may have an assault claim, and some attorneys might stretch it to include a claim for infliction of emotional distress. You may also consider a civil harassment claim under California Code of Civil Procedure Section 527.6, but that also poses some legal hurdles under the fact pattern you present.
    I urge you to continue your quest for justice by finding an attorney to look closely at your situation.

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  • Can I file a civil suit against a coworker who had grabbed me and harassed me at work?

    In November 2014, I had reported an incident to management, because a male co-worker had grabbed me by my arm and tried to lock fingers with me. I then, pulled away and told him to NEVER touch me again, as I started to walk away he grabbed me by m...

    Timothy’s Answer

    The sexual harassment statute of limitations in California is that a victim must file a charge of discrimination with the Department of Fair Employment and Housing (DFEH) within ONE YEAR from the date of the last incident of sexual harassment. The victim then has the option to ask the DFEH to investigate the claim or to immediately receive a right to sue letter. The right to sue letter from the DFEH advises the victim that they have an additional one year from the date of the right to sue letter to file a complaint in the California Superior Court for sexual harassment against the perpetrator and/or the responsible employer.

    A victim also has the option of filing a charge of discrimination first with the Equal Employment Opportunity Commission (EEOC), but the sexual harassment statue of limitations in California for filing for charge with the EEOC are shorter than for the right to sue letter from the DFEH. For the EEOC, a victim has 180 DAYS from the date of the last incident to file a charge of discrimination. The time is extended to 300 days from the date of the last incident or 30 days after receiving notice of a case closure from the DFEH, if the victim also files a parallel claim of discrimination with the DFEH.

    California Government Code Section 12960(d) sets forth some exceptions for the extension of the one year statute of limitations in California for filing a claim of discrimination with the DFEH.

    There is some case law that gives relief to victims who attempt to file a claim of discrimination with the EEOC, but the claim is not completed. Case law allows some liberality in construing an attempt to file a claim with the EEOC as sufficient to comply with the sexual harassment statute of limitations in California for someone who has made an effort, but the effort was unsuccessful, particularly due to the EEOC failing to complete the in-take process.

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  • Do you believe this was an inappropriate comment to make in front of my peers?

    I work for a small firm in sacramento. 1 week ago, a coworker and me were out of the office sick. (Neither one of us knew the other person called in sick). The owner/senior partner made a comment in front of staff, "Gee, I wonder what Ralph and sy...

    Timothy’s Answer

    The inappropriateness of the comment depends on the context. Starting or passing on false statements that tend to damage the reputation of another can be considered legally actionable defamation and if the comment is related to sex and the workplace it can also constitute actionable sexual harassment.

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  • My friend was sexually assaulted by her landlord the other day looking for advice on what to do about it?

    my friend who was sexually assaulted by her landlord. They were talking and shes always very friendly with her landlords (its a family husband,wife,son, daughter when shes not away at school) while they were chatting he asked about her arm becau...

    Timothy’s Answer

    In addition to calling the police for criminal prosecution, you have a civil cause of action for damages for your pain and suffering against the landlord under California Code of Civil Procedure 51.9, which applies standards for sexual harassment similar to those for employers and employees to landlords and their tenants. Consult an attorney about sexual harassment.

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  • As a customer, can I sue the employee and company for sexual harrassment under California laws?

    An employee/co-manager of a business has been texting me sexual comments and is now threatening me that if I don't do sexual favors for him he won't help me when I go in to do my transactions anymore.. What legal rights do I have as a customer?

    Timothy’s Answer

    If the business relationship is one from which you cannot easily (from a financial perspective) withdraw, you may very well have a case under California Civil Code Section 51.9 in the nature of quid pro quo (this for that).

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  • Do I hire a sexual discrimination lawyer

    I have worked for a doctor for 9 years. He has a small practice but a big ego and always seems to hire attractive female staff. I have had concerns about his motives for some time. Last year he sent me a joking but sexually related text that mad...

    Timothy’s Answer

    I agree that the pervasive or severe requirement for sexual harassment could be a significant hurdle for you based on the facts that you described. It is a very good idea to make a complaint about the sexual harassment to your employer.

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  • Do i need a sexual harassment lawyer or attoney?

    A fellow student at my technical college spread sexual rumors about me in school and has now created a hostile environment for me which has resulted in many missed days and has slowed my progress in my studies due to absences in order of avoidance...

    Timothy’s Answer

    Fellow students are generally not included as potential defendants for sexual harassment under the workplace discrimination statute in California (the Fair Employment andHousing Act) or in the sexual harassment statute directed at professionals, including teachers, at California Civil Code Section 51.9, so your central claims are likely to be for defamation (slander) and infliction of emotional distress. You will need a lawyer.

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  • I have been sexual harassed at my job by my managerhe is now tring to turn things around but but witness came foward

    do i have a case

    Timothy’s Answer

    If the harassment was either "severe" and/or "pervasive", you may indeed have a case. See: sexualharassmentguide.com for an explanation of what the courts consider pervasive or severe.

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  • Can I sue an ex employer (Owner of the company) for asking for sexual favors while I was working? Or I would be fired.

    The owner of the dealership would ask me to have sexual relations with him or else I would be fired and my husband would lose his demo. My husband worked their too. So i finally quit and the owner asked me to work at home. So i wouldn't sue him. P...

    Timothy’s Answer

    You have a number of potential claims, including sexual harassment and retaliation. A very interesting question is about what claims your husband may have. You should see an employment attorney familiar with sexual harassment. You have one year from the date of the harassment to bring an administrative complaint before the California Department of Fair Employment and Housing.

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