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
Brad S Kane
Brad S Kane
Answered
  • Los Angeles, CA
  • Licensed in California

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.

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