San Leandro, CA asked in Employment Law and Employment Discrimination for California

Q: What can I do? Filed a complaint against a co-worker today he brought in a lawyer and is saying he is being harassed.

I filed a complaint against a coworker who was seen clocking in his girlfriend when she wasn't scheduled and when she is late. I also complained that he creates issues in the warehouse he makes the female employees cry and makes them feel uncomfortable. Today he came into work with a lawyer and accused the company of harassment. While the lawyer was having a meeting he was allowed to work and while doing so he continued to follow me around the warehouse and made me feel uncomfortable. I also filed a complaint against his gf as she routinely starts talking bad about me with other employees when she sees me and tells them she's going to get me fired and accused me of talking to her bf. I also learned today he is being sued by a former female employee for assault. None of the other girls that have issues want to speak up now when they saw the lawyer. Now I feel like I'm being singled out as my manager is upset with me even though he hasn't helped the situation. What can I do?

2 Lawyer Answers
Neil Pedersen
Neil Pedersen
Answered
  • Employment Law Lawyer
  • Westminster, CA
  • Licensed in California

A: Far more needs to be known about all of these complaints, but one thing can be said with some confidence. You need 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.

Not only might you have a legitimate claim for unlawful retaliation, but you will need some specific confidential advice about dealing the complaints being made against you. This short answer site is not well-suited to get the advice you need.

Good luck to you.

James L. Arrasmith
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Answered
  • Employment Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, you should document any instances of harassment or retaliation by your coworker and keep a record of any witnesses. Consult with your HR department or a legal counsel to ensure your rights are protected during the investigation. It's essential to maintain professionalism and focus on resolving the workplace issues through proper channels.

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