Calexico, CA asked in Employment Law and Sexual Harassment for California

Q: Can I sue my boss or employer I work for because they have affected my mental state, and relationship with my coworker?

My boss is sleeping with my brother, which is also my coworker. Fraternization between a manager and an associate is not permitted in our company policies. Since they suspect that I know what’s happening they feel threatened and that has affected me in the workplace as I get less working hours. It has also affected my personal life since it has ruined the relationship I have with my brother which I share a home with, and it has affected my mental state as I suffer from stress, insomnia, and has caused me to be troubled and suffer from distress. I have already contacted Human Resources, but it seems they will not do anything since they told my boss about the accusations made, then let the situation pass and did not continued forward with any investigation or any sanction for the behavior shown.

1 Lawyer Answer

A: You may have a claim for sex based discrimination, because you are being treated differently than your brother, who is having intimate relations with your joint boss.

I would suggest that you start by reporting your concerns in writing to HR, including the fact that you believe there is a violation of both the company policy and sex based discrimination. This will help protect from retaliation.

You should seek the assistance of an employment lawyer in writing your complaint to make sure you hit all the right notes. Most provide free consultations.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.