Suing my employer for mental stress in san diego

Asked over 1 year ago - Temecula, CA

I worked for my employer who showed me her breast and put me down in front of people everyday. I had to miss work because of her. They also changed my time card without permission so I would lose pay.. I wrote the company in January about all of this and they let it go. Finally I made a formal complaint and they refuse to help me get any hellp for anxiety or pay. I asked them to pay me a few days so I could get mental treatment and they refused. I am not sleeping and I don't think they should get away with this. What can I do?

Attorney answers (3)

  1. Nathan Reese

    Contributor Level 7

    1

    Lawyer agrees

    Answered . I would recommend contacting a local plaintiffs' employment attorney and possibly an applicants' workers' comp attorney. Many plaintiffs' employment attorneys offer free consultations. Based on the facts you provided, you likely have a wage and hour claim for unpaid wages. In addition, it is possible that you have a claim for sexual harassment. Whether you have a claim will depend on your harasser's motivation, the types of comments, and the severity and pervasiveness of the harassment. When you contact the attorney, be prepared to share information about the type of comments and other harassment, its severity, complaints you made and management's response, any incite into your harasser's motivation, and any evidence you have regarding your claim. Good luck!

    I edited the practice areas to include workers' comp, so that you get feedback from workers' comp attorneys.

    (619) 500-2597

    This Avvo answer should not be construed to constitute legal advice nor create an attorney-client relationship... more
  2. Lori Jeanne Costanzo

    Contributor Level 11

    1

    Lawyer agrees

    Answered . You should definitely contact an employment/wrongful termination attorney. They can also advise you on filing a complaint with the CA department of Fair Employment & Housing.

    This is my opinion and should not be construed as legal advise for your specific case as there are many more facts... more
  3. Neil Pedersen

    Contributor Level 20

    Answered . Your remedies will depend on facts that are not included in your post. However, if you are experiencing severe anxiety such that it is rendering you incapable of performing your job, you should immediately consult with a workers compensation attorney to discuss your options under those laws.

    As to putting you down in front of others, that is not necessarily actionable conduct. An employer is allowed to employ supervisors who are rude, intolerant, unreasonable and irrational as long as they are not acting in violation of the law.

    Regarding being shown the breast, while it is highly inappropriate, without more than that single occurrence of sex-related conduct, you may not have a claim for sexual harassment in the workplace which requires severe or pervasive conduct that leads to a sexually charged work environment.

    If your pay has been shorted, you have a right to be paid, and you can make a claim in small claims court, or with the Labor Commissioner's Office, or in superior court, to recover the money owed to you, and you may have the right to penalties and attorney fees depending on the venue you choose and the nature of the claim. You should consult with an employment attorney to determine the appropriate approach.

    Good luck to you.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed... more

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