Fontana, CA asked in Sexual Harassment for California

Q: My question is how can we prove sexual harassment with a supervisor from a company I own a franchisee with

He first harassed me now his harrasing my sister through instagram and calling my store he is a supervisor for that company but we dnt work for the company she works for me if we go to the company they will not do anything about it since the main ones are all brothers and we know cause I know coworkers who have filed a claim to HR and they end up getting fired cause the brother protects him

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3 Lawyer Answers
William John Light
William John Light
Answered
  • Riverside, CA
  • Licensed in California

A: The same way everybody else proves discrimination: documents and witnesses. It's unclear why it would be hard to gather this evidence since you claim it happened at least partly through Instagram, which is generally public.

Neil Pedersen agrees with this answer

Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: Employment law attorneys deal with that issue all the time. Your best move is to locate and consult with, and then retain an attorney to assist you with your proof.

I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.

Good luck to you.

Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: i have handled cases like this for over 40 years. From my experience, I am sorry to say, things are going to get worse for you before they get better, because of the fraternal nature of this work place, they are all like brothers who will protect each other and will need to be dragged, kicking and screaming like a 3 year old, to the Courthouse, before they will do anything for you. Start looking for other employment now, before they fire you for reporting them. Plan on taking as little time as possible to find another job for you and your sister, but getting out of this unhealthy environment is better in the long run. While you are still employed, gather as much information about your co-workers as possible, particularly LAST NAMES and residence addresses. Keep any information you gather at home and not on the job. Take some photos of the workplace with your phone camera, particularly any places where something happened. Send them to yourself on email. Take photos of your co-workers, posing with your sister and vice versa. (maybe even the harasser??) Meanwhile, do what Mr. Pedersen suggests, and begin consulting with a local attorney about the harassment and a possible restraining order. Keep notes on a calendar at home about any harassment on a daily basis. Write up a chronological report about the harassment ans who you reported it to. Just before you are ready to quit, report the harassment to HR and pursue it like it was a complaint and you wanted to remain working there. If there are any serious incidents, quit right away. You are entitled to be paid everything you are owed, including accrued vacation, within 72 hours. None of this will guarantee any success but it will certainly assist in the preparation of a case against them for sex harassment.

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