Do I need to get a attorney for sexual harassment?

Asked over 1 year ago - Newport Beach, CA

My boss And I had a relationship well he was with his wife, he keep telling me he was going to leave his wife and get a divorce, I help him find a house for us to purchase when the time came for us to sign the papers he told me I would not be on the title, and he did not file for the divorce, so we ended the relationship, now after almost a year of me just been his employee,now he tells me he is going to cut my pay, and out of the blue he sent me a text asking me to send him a nude video of my self, and when I did not do it, he had his so witch work for him, and I have never had to deal with his son, started to harass me, in one day his son text me the same thing over and over from 8 AM till 6 AM the next day, over 45 text. is this sexual harassment and harassment by my employer??

Attorney answers (4)

  1. Christine C McCall

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Certainly these facts can be the basis of a claim for sexual harassment. The conduct of the son is unlikely to be attributed to the employer, and "having a relationship" in which you intended to co-habitate is a stretch to argue as sexual harassment before people of common sense and reasonable experience and understanding. But asking you for the video is not only offensive but likely actionable in this context as sexual harassment. So, most likely, a claim can be stated for sexual harassment here.

    But these facts are highly unfavorable for you, as well as your employer, and this claim may result in something much less than a meaningful recovery for you because of the unsavory nature of your part of this. And the litigation of these facts can be expected to be a brutal and horrible experience for you. Many experienced and seasoned employment attorneys would advise you to simply quit this job and move on to the next chapter of your working life, hopefully with a wiser head about the perils of relationships with the boss and co-workers, particularly those who are married with children.

    Certainly you should consult with an employment lawyer for a full discussion and analysis of these facts and the potential outcomes of a claim on these facts.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  2. Adrienne Patricia Allen

    Contributor Level 15

    3

    Lawyers agree

    Answered . Employers should not be having affairs with their employees or requesting nude photos of the emloyee. Definitely consult with an employment law attorney in your area for representation. Good luck.

    I am licensed in California only and my answers on Avvo assume California law. The above answer is for general... more
  3. David Gary Jones

    Contributor Level 11

    2

    Lawyers agree

    Answered . It is clear to me that you have a potential sexual harassment case. While more details must be developed, I would recommend that you consult with a an experienced attorney who handles plaintiff or employee claims, and seek a contingency fee arrangement if the attorney agrees to represent you.

    Please check the law of your state
  4. Branigan Andrew Robertson

    Contributor Level 4

    2

    Lawyers agree

    Answered . That is terrible. While we need many more facts to make an accurate determination, If your boss's son also worked at the company, his actions would attributed to the employer and the employer would be liable for any such harassment (if it knew or had reason to know the harassment was occurring).

    You also might have an statute of limitations issue with the first instances of harassment as they seem to have occurred over a year ago. Regardless, the request for a nude video of yourself is clearly harassment. I highly recommend you speak with an experienced employment lawyer as soon as possible.

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