Q: Can a work claim for sexual assault and abusive conduct against small business employer be filed after two years?
As Im trying to assist and find help for my daughter here is a brief of what she experienced working.
While working a the shop/ office this employer started with verbal insults diminishing my work up to intimidating knowing my life situation.
His behavior continued and escalated till he put hands and included several sexual assaults.
What you report constitutes several possible legal claims.
The physical assaults can be a sexual or normal battery. The statute of limitations for that is usually 2 years.
The sexual harassment, which could also include sexual touching, has a requirement that you file an administrative complaint against the company and wrongdoer within three years of the wrongful act, unless you are required to sue under the federal laws. Then you only have 300 days from the wrongful act to file the administrative complaint to preserve your right to sue for sexual harassment.
It would be very wise for your daughter to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. 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.
A: The statute of limitations for criminal sexual battery in California is 10 years. Your daughter should make a complaint to the local law enforcement agency where these events occurred before making any civil inquiries.
* if your civil statute of limitations is still in play, then you should make a complaint to law enforcement and talk to a civil attorney at the same time.
Also, under Emergency Rule 9, pertaining to the Covid pandemic, the statute of limitations were tolled from April 6, 2020, until October 1, 2020, so if your daughter had civil claims before April 6, 2020, she gets an additional period of about 6 more months to bring them.
Finally, if your daughter was a minor, then the statute of limitations is automatically tolled until she is 18. Further, there are substantially longer periods of limitations for sexual abuse of a minor, which are too complicated to describe here.
Your daughter has 3 years to file for a right to sue letter with the California Department of Fair Employment of Housing. Once she has a right to sue letter, she has 1 year to file.
Your daughter should speak with an employment attorney before filing for the right to sue letter. Most provide free consultations.
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