Santa Barbara, CA asked in Employment Law and Sexual Harassment for California

Q: Can I do anything? i was sexually harassed by my manger about 3 years ago

She told me i would remember her for the rest of my life, i had to go to the hospital a couple times for suicidal ideation,i still can't stop thinking of her, i was only 18 and she was 35 , i told her to leave me alone but when i said that she kept doing it, i didn't understand at the time that she was messing with me , i was going to college and almost dropped out, she transferred me stores after she was done traumatizing me , i couldn't be around her i couldn't keep my head up,she asked me if I would go help the other store and i said yeah i can't be around you, my drepession was bad , i just felt horrible she was the manger so who was i supposed to talk to. I still haven't worked since this happened,

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

A: You should immediately file an administrative complaint online with Department of Fair Employment and Housing against your manager and her employer based on sexual harassment, gender based discrimination and retaliation. You have only 3 years from the last act to file the administrative complaint or your claims will be statutorily barred. The good news is you have an extra 180 days due to the Pandemic related tolling of all deadlines by the California Judicial Council.

You should also seek a consultation with an employment attorney. Most provide free consultations.

Maya L. Serkova agrees with this answer

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

A: You need to act immediately. Ideally you should consult with an employment law attorney and have that attorney file your administrative claim with the Department of Fair Emploment and Housing. If you cannot do that, file and administrative complaint immediately. Any bad conduct that occurred more than three years prior to the filing of the administrative complaint may be time barred.

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-charge consultation and then if the matter has merit and sufficient value, they 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.

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.