I have been getting sexually harassed at work, and management is trying to get me fired, how can i document it?

Asked 8 months ago - San Jose, CA

Multiple people at my work have been sexually harassing me, including the management. I Have been getting my butt touched, not just accidental brushing up on me, verbally saying sexual things to me. I jump away when these coworkers get close to me. I have gotten very stern in my messages to them to stop , even so others can hear. Now one manager is trying to overload me with work and harass me by making me uncomfortable by talking down to me and degrading me in front of coworkers and customers and taking my time away from my work to distract me and cause me to make customers wait and become upset . Then this manager will write me up for providing bad service. I don't know how I can provide evidence of the harassment? I am afraid he is trying to get me fired, wrongfully.

Attorney answers (6)

  1. Jonathan Aaron Weinman

    Pro

    Contributor Level 17

    6

    Lawyers agree

    Answered . I agree with my colleague and would add that you can document everything but writing down what happens when it happens, make notes of dates, witnesses, and conduct. You or an attorney representing you can write a complaint letter to human resources complaining about the conduct. You have several options and would be wise to have an attorney walk you through them.

  2. Michael Robert Kirschbaum

    Contributor Level 20

    5

    Lawyers agree

    Answered . In California, employers are legally required to provide procedures which allow employees who believe they are sexually harassed to complain either to appropriate management personnel or human resources. Regardless of whether you trust in the integrity of the people who will receive such a complaint, it is a process you should take advantage of. You can provide all the harassment detail and the retaliatory conduct resulting from your objections to it. This will place the onus on the employer to investigate and take effective action to make it stop. They they fail to conduct a good faith investigation or make it stop, you may be in a better legal position.

    As my colleagues have indicated, there is no substitute for personal advice from an attorney with whom you will provide all of the facts. Only then, can your case be properly assessed and you be given advice specific to your situation.

    They say you get what you pay for, and this response is free, so take it for what it is worth. This is my opinion... more
  3. Kevin Rindler Madison

    Pro

    Contributor Level 18

    5

    Lawyers agree

    Answered . The best advice would be to set an appointment with an attorney who specializes in employment law and sexual harassment cases. Then after a thorough review of all of the facts, they can give you an opinion as to whether you have a viable claim, and what procedural steps you should take. Many attorneys handle these cases on a contingency percentage fee, taking a percentage of the recovery. In contingency fee arrangements, there are no hourly fees. In some states attorneys do not charge anything for an initial appointment to discuss your case but in others there is a reasonable fee charged to compensate the attorney for their time and advice. I would suggest that you begin your search for an attorney on this Avvo website. Good luck!

    If this information has been helpful, please indicate below. I hope my information is helpful to you. If you think... more
  4. Craig Trent Byrnes

    Pro

    Contributor Level 15

    3

    Lawyers agree

    Answered . I'm sorry this is happening to you. You have a right to be in a workplace free of unwanted touching and sexually-suggestive remarks. As I'm sure you know, it is illegal to sexually harass anyone in the workplace, and I'm sure this is very upsetting to you.

    If you haven't already, consider complaining in writing to the human resources department. If your company doesn't have an HR department, consider complaining in writing to the highest person at the company. Make sure to keep a copy. Consider sending a copy to your supervisor, or whoever might have the authority to fire you, so that person can't later say he didn't get it.

    Given the extreme nature of what you've described, you're right to be concerned that they are setting you up to fire you. It would of course be illegal to fire you in retaliation for complaining about sexual harassment, which is why I'm suggesting you consider doing so in writing so they can't say you never complained about it.

    You would be wise to look for another job now, while you still have one. It is of course easier to get a job while you have a job, and if things are going to go as you suspect, you will want to get out of there as fast as possible.

    I hope this information is helpful to you.

    Disclaimer: Please be aware that I am not offering legal advice, nor forming an attorney-client relationship with... more
  5. Michael Elliott Rubinstein

    Contributor Level 12

    3

    Lawyers agree

    Answered . This sounds like a very serious, inappropriate matter that warrants the immediate attention of an employment attorney. Please consider making an appointment with an employment attorney as soon as possible. Good luck.

  6. Navid Yadegar

    Pro

    Contributor Level 12

    3

    Lawyers agree

    Answered . The Fair Housing and Employment Act ("FHEA") prohibits sexual harassment in the work place. Sexual harassment includes unwanted sexual advances, verbal or physical sexual overtures or propositions, threats or bribes requiring sexual acts in exchange for promotions. It is advisable to document the unwanted behavior by following the protocols that your company has put into place regarding sexual advances. This may include filing a complaint with your HR department or a supervisor who is above the manager who you feel is ignoring your complaints. If you have voiced your concerns, the employer cannot retaliate against you for having done so. It sounds to me that you need to consult an experienced employment law attorney who specializes in sexual harassment to help you weigh your legal options and determine the best course of action in your specific case.

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