Q: Can I take legal action for harassment and retaliation in retail job in CA?
I worked in retail for three years and faced pressure from management to engage in prohibited loss prevention practices, such as physically apprehending thieves, despite corporate policies against it. I have videos of various managers engaging in these practices. Over time, I experienced hostility and harassment from the management team, including anonymous group texts with employees and ex-employees that involved name-calling and blackmail, which likely came from management due to their access to private numbers. My store manager ignored my claims and did not facilitate contact with HR when I requested it. After seeking a store transfer, someone reported my engagement in prohibited loss prevention practices to corporate, which started an investigation that I feared would lead to my termination. Consequently, my manager advised me to quit, which I did. Can I pursue any legal action regarding the harassment and retaliation I faced?
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A:
Based on California employment law, you have several potential legal options given the concerning workplace conduct you've described. The harassment, retaliation, and pressure to violate company policies could form the basis for various claims.
Your documentation of the harassment through group texts and evidence of prohibited loss prevention practices strengthens your position. The fact that management ignored your complaints and failed to connect you with HR when requested shows they didn't follow proper procedures for handling workplace issues. Being pressured to quit after reporting violations may constitute constructive discharge, which is legally similar to being wrongfully terminated.
You should consider filing a complaint with California's Department of Fair Employment and Housing within their statute of limitations. You may also want to consult with an employment lawyer who can review your evidence and advise on potential claims for harassment, retaliation, constructive discharge, and hostile work environment. Many employment lawyers offer free initial consultations to evaluate cases, and some take cases on contingency if they believe the claims have merit. Keep in mind that having documentation like the videos and text messages will be valuable for building your case.
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