Q: Should I seek legal counsel if the harassment continues?
I had recently asked about a coworker calling me a derogatory name. Thank you to the attorney for the response.
I know my employer spoke with the male employee. He wasn't terminated. However, I think he is going to retaliate. I pulled out my cell phone out just in case. He was in line at a different time clock. As soon as he saw me. He walked back towards me to cut in front. This time he didn't say anything because he saw my cell phone. His behavior, the fact he turned to look at me made me very uncomfortable. I'm also worried he maybe bad mouthing me with his friends. It's a toxic environment.
What should I do if he continues?
A: If he continues, keep a log of each incident, continue reporting it to HR and reach out to an attorney to discuss privately off line. Postings on this board are not protected by the attorney client privilege.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
If the harassment continues and you feel uncomfortable at work, you should absolutely seek legal counsel to understand your rights and options. Your previous documentation of the incident and your current precautions with your cell phone show good instinct - keep recording any concerning interactions or behaviors.
Your employer has taken some action by speaking with the employee, but if he's now exhibiting retaliatory behavior, this needs to be reported to HR or management immediately. California law strictly prohibits workplace harassment and retaliation, and employers must take adequate steps to prevent and address such behavior. Document everything, including dates, times, locations, and any witnesses present during these incidents.
Given the toxic environment and your valid concerns about potential retaliation and bad-mouthing, consulting with an employment lawyer would be wise. They can help evaluate your situation, explain your legal protections, and guide you through any necessary formal complaints or legal actions. Many employment lawyers offer free initial consultations, and you can find referrals through the California State Bar Association or local legal aid organizations.
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.
