Can I file a claim for employment harrassment if I spoke with management and nothing was done so I stopped coming to work?

UPDATED: Mar 30, 2011

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Can I file a claim for employment harrassment if I spoke with management and nothing was done so I stopped coming to work?

I recently quit my job 2 months ago. I filed a sexual assault case against one of my co-workers husband. This co-worker sent me threatening text messages that made me feel very uncomfortable about going back to work. I spoke with the manager. She had told me that it would be better to quit if I could, and that she would do what she could if other co-workers intimidated me; however she could not say the same about the other managers. We agreed on a day for me to come back. That day, I received threatening text messages from my co-worker and her husband. I did not return but filed a police report.

Asked on March 30, 2011 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You may well have a case of employment sexual harassment or discrimination. Employers have a duty to not only not themselves (e.g. management) sexually harass (or assault) employees, but to also prevent co-workers from doing so, at least when they have notice of a threat or actions. If a coworker's husband sexually assaulted you, then the coworker harassed and threatened you in relation to that sexual assault, that course of action may constitute sexual harassment. It's certainly worthwhile consulting with an employment attorney to evalute the situation.

(Note: an employer does not have to generally prevent one employee from harassing or threatening another--though they would be wise to do so, since if the harassing employee then hurts, steals from, etc. the other worker, the employer may be guilty of negligent supervision.)

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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