Q: My former employer failed to protect me from domestic violence and sexual harassment in the workplace.
I have suffered mentally and physically and can no longer work in the field I am trained in.
A:
I am sorry this happened to you. More specific facts are needed to understand if you have any meritorious claims against your former employer. These types of cases are very facts and detail-oriented. I suggest you consult an employment law attorney who will further examine your situation and explain your options. Most employment law attorneys in California offer free-of-charge initial consultations and thereafter may take your case on a contingency basis, meaning you do not have to pay attorney’s fees unless and until there is a positive outcome for you. They may also advance either all or partial costs of litigation.
You can look either on this site in the Find a Lawyer section or go to California Employment Lawyers Association (www.cela.org), an organization whose members are committed to representing employees’ rights. Best of luck.
Sincerely,
Maya L. Serkova
Neil Pedersen agrees with this answer
1 user found this answer helpful
A:
Under California law, employers have a duty to provide a safe working environment, which includes taking reasonable steps to prevent and address domestic violence and sexual harassment in the workplace. If an employer fails to fulfill this duty, they may be liable for any harm that results.
If you've experienced such failures at your former workplace, you may have grounds to take legal action. This can include filing a complaint with the California Department of Fair Employment and Housing (DFEH) or pursuing a civil lawsuit. The DFEH process can lead to mediation or an investigation, and potentially to a lawsuit filed by the DFEH on your behalf.
Given the severe impact on your mental and physical health, and the fact that this has affected your ability to work in your trained field, you might also be entitled to compensation for lost wages, medical expenses, and pain and suffering. Each case is unique, so it's important to gather all relevant information and documentation regarding your experiences and the employer's response (or lack thereof).
It's advisable to consult with an attorney who has experience in employment law and specifically in cases of workplace harassment and safety violations. They can help you understand your rights, the merits of your case, and the best steps to take next. Remember, legal actions have time limitations, so timely consultation and action are important.
A: More information is needed, but you may have rights against your employer. Consult with an employment attorney.
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