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Can an employer threaten to fire an employee for requesting a transfer due to prior sexual harrassment under CA employment lawsMy husband was working for a company and his boss grabbed his genitals in front of me. My husband was extremely embarrassed about this and felt very violated. Soon after this he noticed other illegal activities going on in the office and called the corporate offices to let them know what was happening in this office and the female boss was fired. She was fired not because the sexual harassment but due to other circumstances. Her best friend although remained employed. My husband still felt uncomfortable and requested that corporate address the sexual harassment in some way and he was told not to bring it up or even discuss it with anyone or he will be fired. They made it clear that they did not want any animosity within the company. My husband felt that he could no longer be productive to this company and no longer felt safe or comfortable working for this company and thus he quit. He applied for unemployment and was denied due to the fact that he quit. I feel he had good cause for quiting. Does he possibly have a case for an appeal or are there any other avenues that we should look at or other approaches that we could take? Attorney answers (3)
Reputation Level 9
Answered over 3 years ago.
Sexual Harassment Attorney in Manhattan Beach, CA.
There are unemployment cases which state that someone quitting in the fact of sexual harassment
should still receive unemployment. Consider contacting an attorney to help you with this issue. Good luck, Craig Byrnes www.ctblawfirm.com 1 person marked this answer as good
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Reputation Level 7
Answered over 3 years ago.
Sexual Harassment Attorney in Los Angeles, CA.
OK, here is the way I understand it:
1. Your husband was sexually harassed; 2. He complained about the harassment and "other things." 3. Harasser was fired and is therefore no longer in the workplace. 4. Your husband felt uncomfortable despite the harassing supervisor's departure and asked corporate to "address the sexual harassment in some way." 5. Company did not, husband quit, denied Unemployment. Your questions: Can he appeal? Yes. Successfully? Not impossible, but odds are against him. Other avenues? Could you bring a lawsuit for sexual harassment? Yes. Could you establish employer liability: Probably, if you can convince the trier of fact about the grabbing of the genitals and other conduct. The grabbing alone as a single, isolated incident might not be enough. Damages? Only emotional distress from the harassment. This does not, based on what I've read here alone, rise to "constructive discharge" that would open the door for loss of future earnings based on any wrongful termination. Simply is not there based on what you've laid out. More aggressive counsel could disagree. You should consult with a lawyer to focuses her/his practice on representing employees. You can find such lawyers in your area at www.cela.org. (California Employment Lawyers Assocation). 3 people marked this answer as good
Reputation Level 19
Answered about 3 years ago.
DUI / DWI Attorney in Los Angeles, CA.
There is an appellate process on unemployment claims that may be worth hiring an attorney for, based on the amount of money involved and the cost of the attorney.
2 people marked this answer as good
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