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California Sexual Harassment Questions & Answers
Q: Can I sue my employer in California for not firing an employee who sexually assaulted me?
On April 16, an employee sexually assaulted me at work. I reported the incident to corporate ethics & compliance, my store manager, and district manager, informing them I felt uncomfortable working with the individual. I was told a case would be opened. Despite the employee admitting to the... View More 
Brad S Kane
answered on May 13, 2025
answered on May 13, 2025
You can sue both your employer for not taking appropriate corrective action, such as firing the harasser or at least separating you and the harasser. In addition, you can sue the harasser personally. Please keep detailed written records. You should tell your employer in writing that you feel... View More
Q: Can I sue my employer in California for not firing an employee who sexually assaulted me?
On April 16, an employee sexually assaulted me at work. I reported the incident to corporate ethics & compliance, my store manager, and district manager, informing them I felt uncomfortable working with the individual. I was told a case would be opened. Despite the employee admitting to the... View More
Neil Pedersen
answered on May 13, 2025
answered on May 13, 2025
Technically, your employer is not legally obligated to fire an employee who has sexually assaulted you. It is required to make all reasonable efforts to protect you from further sexual harassment and/or assault. In many situations that might be possible without terminating the offending employee.... View More
Q: Can I sue my employer in California for not firing an employee who sexually assaulted me?
On April 16, an employee sexually assaulted me at work. I reported the incident to corporate ethics & compliance, my store manager, and district manager, informing them I felt uncomfortable working with the individual. I was told a case would be opened. Despite the employee admitting to the... View More
Maurice Mandel II
answered on May 17, 2025
answered on May 17, 2025
Your feelings of being abandoned and not protected by your employer are completely normal and understandable. While an employer has no legal obligation to fire that employee and you cannot force them to, the failure to fire the attacker can make the employer liable in damages to you for failing to... View More
Q: Can I sue for unpaid wages and harassment if no complaint filed?
I worked as an IHSS provider for a friend in California, who made sexual advances toward me and suggested I would get more hours if I reciprocated. I decided to ignore his attempts and continued working. Recently, I quit as I was planning to move out of state, and he agreed to pay me for my last 35... View More
Brad S Kane
answered on May 8, 2025
answered on May 8, 2025
Sending a written complaint to your employer is not required before filing a sexual harassment claim in Court. You have claims for unpaid wages, failure to pay minimum wage (and liquidated damages equal to the 35 hours at minimum wage), a paystub violation, waiting time penalties of 1 day's... View More
Q: Can I sue an FBI agent who made improper sexual advances and retaliated with a violent attack resulting in death?
William John Light
answered on Nov 13, 2024
answered on Nov 13, 2024
Yes, the victim or her heirs can sue, but the victim is apparently dead, and it is unclear who you are and what your relationship to the case is. Whether the US Government is liable for the action of the agent depends on a lot of facts which are not included in your post. If the agent was acting... View More
2 Answers
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Criminal Law, Civil Rights, Sexual Harassment and White Collar Crime
for
California
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Q: Is it possible to get a pro Bono lawyer to take on an enormous case ?
An ex fbi agent , a retired policeman (who became Western communications operator director) , a CP's rep, an ex highway patrol officer, and few other retired policeman in an organized fashion commiting fraud, harassment , gang stalking , cyberstalking, and intimidation, while trying to obtain... View More
Louis George Fazzi
answered on Sep 8, 2024
answered on Sep 8, 2024
There are many great lawyers who can help you right in your county. This website is not a Lawyer referral service, so you won't be able to find someone here. Do a simple Google search for harassment lawyers in your area, and you should get plenty of ideas about whom you can contact. You have... View More
Q: What steps can I take to prevent my case from surpassing the deadline?
I filed a lawsuit against my former attorney for professional negligence: misconduct and malpractice. He dismissed, withdrew, and continued my case without notifying me or obtaining my permission. He neglected to prepare for my hearing and trial, which ultimately resulted in my case being lost.... View More
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James L. Arrasmith
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answered on Jul 24, 2024
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answered on Jul 24, 2024
Under California law, the statute of limitations for legal malpractice typically is one year from the date you discovered or should have discovered the wrongful act or omission, or four years from the date of the wrongful act or omission, whichever occurs first. In cases where the attorney's... View More
Q: Is accidentally admitting to romantic feelings to a co-worker sexual harassment, if it was after hours and not at work?
I have a co-worker with whom I associate outside of work. One day, in a text message after work, I admitted to having romantic feelings for him. I misunderstood something he said. Is it workplace sexual harassment, though?
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James L. Arrasmith
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answered on Jun 17, 2024
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answered on Jun 17, 2024
Under California law, sexual harassment typically occurs in the workplace or during work-related activities. Since your admission of romantic feelings happened outside of work hours and not in a work setting, it generally would not be considered workplace sexual harassment. The context and setting... View More
Q: what can i do i was in a court orderd mental health facility and the case manager sexually harrased and assaulted me
i got court ordered to attend a mental health facility and the case manager sexually assaulted me and even took me to his house when that occured
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James L. Arrasmith
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answered on Jun 5, 2024
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answered on Jun 5, 2024
I'm so sorry this happened to you. What you experienced was sexual assault and a serious violation of your rights. It was not your fault. Here are some steps you can take:
1. Report the assault to law enforcement. Contact your local police department and file a report. Provide as many... View More
Q: Can i sue my blackmailer?
It started On Friday May 31 2024 I got a follow On instagram saying i saw you on (Bumble) Dating App So i went along with it We were chatting and she asked for nudes exchange i was hesitant but said ok so we exchanged and she asked for my number and made a pic of me and my private part saying i... View More
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James L. Arrasmith
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answered on Jun 3, 2024
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answered on Jun 3, 2024
I apologize that you are going through this difficult and stressful situation. What you are describing is a common online blackmail scam. Here are a few key points and suggestions:
1. This is a crime and you are the victim. The scammer is engaging in blackmail and extortion, which are... View More
1 Answer
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in
Criminal Law, Federal Crimes, Identity Theft and Sexual Harassment
for
California
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Q: Need attorney for full body biometric data theft using California Privacy Law Loophole as excuse. Have been injured.
Targeted for total body biometric data theft, hurt and injured. State of California Privacy Law Loophole permitted harm.
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James L. Arrasmith
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answered on May 13, 2024
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answered on May 13, 2024
Under California law, you have rights and protections against unauthorized collection and use of your biometric data. The California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) provide strong privacy protections, including the right to know what personal information is... View More
Q: I was groped by the owner of a store in Fullerton, Ca. I filed a police report .
I went to buy a phone charger at the store, he didnt have the right port for it and he said , I can use his charger. While i was waiting I needed to use the bathroom he took me to the back, and open the door while i was using it . I was in shock. After that I proceeded to wash my hands and he grab... View More
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James L. Arrasmith
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answered on May 11, 2024
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answered on May 11, 2024
I'm so sorry that you experienced this sexual assault. What happened to you was not your fault, and you did the right thing by reporting it to the police. Sexual assault is a serious crime, and the store owner's actions were completely unacceptable.
Here are some steps you can... View More
1 Answer
| Asked
in
Criminal Law, Domestic Violence, Federal Crimes and Sexual Harassment
for
California
on
Q: I was charged with a domestic violence and probation violation. when I got booked in to jail the inmates wanted2KillMe
The inmate's wanted to kill me their we're going to slice my throat. Plus the sheriff's and the officer's they didn't even let me go to Court and testify. My case has fallen in their Plans. To convict me of a harsh and harder law suit. I had to appear at court to testify... View More
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James L. Arrasmith
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answered on Apr 18, 2024
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answered on Apr 18, 2024
I'm so sorry to hear about the awful situation you're facing. Being threatened with violence in jail and feeling that law enforcement and your public defender are not properly handling your case must be incredibly frightening and stressful.
It sounds like you need to get in touch... View More
1 Answer
| Asked
in
Employment Discrimination, Employment Law and Sexual Harassment
for
California
on
Q: I don’t know who can assist me with my ongoing issues … that begun after I file an labor claim
- [ ] constant harassment, placing of the voice recorders on all areas of the property (including the vehicles), entering into my living quoters and taking without my knowledge my SS card and other very important documentation, accessing my living quarters without my knowledge or permission in... View More
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James L. Arrasmith
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answered on Mar 18, 2024
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answered on Mar 18, 2024
In California, the issues you are describing raise serious legal concerns including harassment, theft, fraud, and defamation, among others. You have the right to seek legal recourse, and there are multiple avenues available for you to address these violations. Reporting these incidents to the... View More
1 Answer
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in
Employment Discrimination, Employment Law and Sexual Harassment
for
California
on
Q: What if employer doesn’t pay settlement agreement
If they don’t pay would it be easy to collect payment?
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James L. Arrasmith
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answered on Mar 8, 2024
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answered on Mar 8, 2024
If your employer fails to pay the settlement agreement as specified, under California law, you have legal recourse to enforce the agreement. The first step would be to notify your attorney about the non-payment. Your attorney can then take action by possibly filing a motion to enforce the... View More
1 Answer
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in
Employment Discrimination, Employment Law and Sexual Harassment
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California
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Q: What rights do intermittent employees have when filing a discrimination complaint in the workplace to HR?
I was a CSU union employee for 7yrs and I wasn't informed until January 3, 2024 that my contract was terminated on June 30, 2023. I worked in the production department as a stage technician for the campus performing arts center. I was employed under a temp status and my contract was renewed... View More
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James L. Arrasmith
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answered on Feb 28, 2024
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answered on Feb 28, 2024
Under California law, all employees, regardless of their employment status—whether permanent, temporary, or intermittent—have the right to file a complaint about discrimination in the workplace. This right extends to filing a retaliation claim if you believe you were terminated as a consequence... View More
Q: Is it considered “Sexual Battery (243.4 PC)” for an individual to “Touch a Woman’s Stomach” solely?
If an individual were for any reason including in a fraudulent matter to claim that “Touching the Stomach region” solely was to provide some type of benefit, and acted on that false claim by Touching that other person’s Stomach solely would they be charged with “Sexual Battery (243.4 PC)”?
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James L. Arrasmith
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answered on Feb 24, 2024
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answered on Feb 24, 2024
Under California law, sexual battery as defined by Penal Code 243.4 PC involves touching the intimate part of another person without their consent and with the specific intent of sexual arousal, sexual gratification, or sexual abuse. The definition of an "intimate part" includes the... View More
1 Answer
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in
Civil Rights, Domestic Violence, Libel & Slander and Sexual Harassment
for
California
on
Q: Hi my ex boyfriend has been stalking me for about six months and I need help on how to get a restraining order
He keeps calling and texting but I have no record of it because I would ignore the calls and delete them. I am scared of him because when I tried to kick him out of my apartment he had tried to hit me six months ago and when I file for a restraining order they said they can't do anything since... View More
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James L. Arrasmith
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answered on Jan 28, 2024
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answered on Jan 28, 2024
Under California law, you have the right to seek a restraining order against someone who is stalking or harassing you, including an ex-boyfriend. Since you have experienced physical threats and property damage, this significantly supports your case for a restraining order.
Begin by... View More
4 Answers
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in
Employment Law, Arbitration / Mediation Law, Employment Discrimination and Sexual Harassment
for
California
on
Q: Is it normal for a multi million $ company to ask to pay me in 2 payments 12 months apart & ask we drop lawsuit asap?
I was wrongfully terminated from my employment and offered a lot of money which I turned down. I hired an attorney and we filed a lawsuit. The company requested we go to mediation so we did. After a lot of going back-and-forth all day with a mediator, we finally decided on a number however, they... View More
Neil Pedersen
answered on Jan 26, 2024
answered on Jan 26, 2024
Whether something in your settlement is normal is a difficult question because very few things could be comfortably characterized as normal. There are dozens of ways that most settlement agreements can be structured. Does it happen that parties agree to allowed payments over time? Yes, of... View More
4 Answers
| Asked
in
Employment Law, Arbitration / Mediation Law, Employment Discrimination and Sexual Harassment
for
California
on
Q: Is it normal for a multi million $ company to ask to pay me in 2 payments 12 months apart & ask we drop lawsuit asap?
I was wrongfully terminated from my employment and offered a lot of money which I turned down. I hired an attorney and we filed a lawsuit. The company requested we go to mediation so we did. After a lot of going back-and-forth all day with a mediator, we finally decided on a number however, they... View More
David H. Relkin
answered on Jan 26, 2024
answered on Jan 26, 2024
If you have stated the facts correctly, I would have a problem with the payout. According to your statement of the case, you have to "drop" the lawsuit after the first payment but "they are not ok with you going through the courts to enforce the payment" --[presumably] the... View More
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