Chula Vista, CA asked in Sexual Harassment for California

Q: I text pics to a ex employee and he text those same pics to a employee who was Afended, is there a case.

Sence the ex employee no longer works for the company, does he have credibility

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2 Lawyer Answers

Neil Pedersen

  • Irvine, CA
  • Licensed in California

A: Your question is unclear. If you are asking if you have a case, the answer is likely no. If you are asking if the offended employee has a case against the ex-employee or you, more would need to be known but possibly. Of course, the nature of the pictures would be important to understand. A meritorious claim of sexual harassment in the workplace requires unwelcomed comments or conduct of a sexual nature that are so severe or pervasive so as to fundamentally alter the workplace, rendering it hostile to the offended employee as a sexual being. Whether one text can be considered severe or pervasive will depend on the text and other circumstances.

Just because someone is no longer employed at a company does not necessarily mean they are not going to be considered truthful. Many factors would go into that judgment.

Good luck to you.

William John Light agrees with this answer

1 user found this answer helpful

William John Light

  • Riverside, CA
  • Licensed in California

A: Credibility doesn't sound like the issue. There is a pretty clear line of from the employee, to the ex employee, to you.

Whether there is a case depends on a lot of facts we don't know, like: what do the photos show; why did you send them to the ex employee; did you know or expect that the photos would be circulated to others, especially those still in your employ; what is the relationship of the ex employee to the employee; what kind of "case" are you asking about; and, many other questions that might arise if we knew what you were talking about.

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