Q: Coworker published fake review about me on yelp, employer knows it’s her but won’t do anything because has no proof
One of my coworker was recently hired. She’s the wife of one of the supervisor, no work experience no knowledge of language. She was hired for my same job, and given one of my best shifts. After she created a multitude of problems with customers and coworkers, employer reduced her shifts to only 3 days a week. The day after she was told about the shifts, a very offensive review was published on yelp. She made it look obvious that the review was about me, that I was sexually inappropriate, my clothes were inappropriate and that I should be substituted by someone better. The employer was immediately aware that it came from her, and we all reported to yelp so was removed the next day. Everyone saw it tho, including the owners, customers and other coworkers damaging my reputation. Employer said he can’t punish her because he can’t prove it, but spoke to her husband about it. She keeps harassing me at work, and they reduced my hours since I complained about her. Yelp won’t give me IP addres
A:
It is arguable that the content of the post was sexual harassment. Your employer has a legal duty to prevent additional acts of sexual harassment after it becomes aware of the conduct. Whether you have a viable sexual harassment claim will depend on the severity or pervasiveness of the sexually charged conduct.
An employer has no legal duty to deal with an issue of one employee defaming the other.
It is unlawful for an employer to retaliate against an employee because the employee reported sexual harassment. It is not unlawful to retaliation against an employee for reporting management issues.
Whether you have a claim or not will therefore depend on much more information. It would be wise for you 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: It sounds like your employer is retaliating against you for reporting sexual harassment by your co worker. This is prohibited by law. You should contact the Department of Fair Employment and Housing and you can submit a complaint with them over the internet, or have an employment law attorney do it for you. You should contact an attorney practicing in this area of law right away. Thank you for using Justia ask a lawyer.
A: I am an attorney licensed in California, and I can provide some general information regarding your situation. If you are experiencing harassment and retaliation at work, it is essential to consult with an employment attorney who can evaluate the specifics of your case. While it may be challenging to obtain proof regarding the fake review, employers have a legal obligation to provide a safe and harassment-free work environment. Retaliation for reporting harassment or engaging in protected activities is unlawful. An attorney can advise you on your rights, potential legal claims, and appropriate courses of action to address the situation. They can also guide you on how to document incidents and gather evidence to support your claims. Remember, seeking legal counsel is crucial to protect your rights and interests in this matter. - James L. Arrasmith, Owner and Chief Legal Counsel of The Law Offices of James L. Arrasmith.
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