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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 38129
Experience:  Retired (mostly)
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Someone wrote an Epitah on a wall in my workplace that stated

Resolved Question:

Someone wrote an Epitah on a wall in my workplace that stated "Barry takes it in the ass". My manager and the harrassement office were notified and yet this was not removed for 6 months. It was difficult to come to work and I had plently of sick and vacation time accrued. I went off on a stress leave and while I was out was asked to seek a Skelly hearing for tardiness and I was just terminated. My w/comp case was not concluded.
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Brandon M. replied 5 years ago.

Trial Master :

Hello there:

Brandon M., Counselor at Law
Satisfied Customers: 12573
Experience: California licensed attorney
Brandon M. and other California Employment Law Specialists are ready to help you
Expert:  Brandon M. replied 5 years ago.
Thank you for entrusting me to help. I understand the situation, but I do not want to make any assumptions about what you are asking. What question can I help you with today?
Customer: replied 5 years ago.
what happened . You said hello there and no answer?
Expert:  Brandon M. replied 5 years ago.
This system can be somewhat confusing for first time users. Can you see this message?
Expert:  Brandon M. replied 5 years ago.
I see that you went offline. Hopefully, you will receive this information and we can re-commence the communication. I look forward to working with you when you get a chance to return.
Customer: replied 5 years ago.
Hello I don't know what happened. The site looked like you had an answer - is that true?
Expert:  Brandon M. replied 5 years ago.
We were in the "live answer" format, but I have not yet given an answer. I actually needed some additional information, if possible. Specifically, although I understand the situation, ut I do not want to make any assumptions about what you are asking. What question can I help you with today?
Customer: replied 5 years ago.
Relist: Incomplete answer.
The person responded by hello and that was all
Expert:  socrateaser replied 5 years ago.
Hi,

Different expert here. Please permit me to assist.

You have apparently, and almost certainly mistakenly accepted the previous expert's answer. If you would like a refund, let me know, and I will ask customer service to process it for you.

Regarding your original question, you have a viable claim of sexual harassment by the employer for failing to promptly remove the graffiti. You can file a complaint with the Department of Fair Employment and Housing, at this link. If the matter is resolved in your favor, you will be entitled to lost wages for the time that you were terminated, until you find new employment, or reinstatement to your previous employment position.

Note: you can also hire a private employment rights lawyer and sue your former employer for the harassment. This may or may not get you greater damages than would be provided by the DFEH complaint.

Hope this helps.

NOTICE: My goal here is to educate others about the law. I am always available to answer your follow-up questions after you click Accept – however, if you do not click Accept, the website gets paid, and I receive nothing. This is true, even if you are on a subscription plan. So please click Accept, so that I will be able to continue to provide this service for others in the future.


And, if you need to contact me again, please put my user id on the title line of your question (“To Socrateaser”), and the system will send me an alert. Thanks!

socrateaser, Lawyer
Satisfied Customers: 38129
Experience: Retired (mostly)
socrateaser and other California Employment Law Specialists are ready to help you