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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4821
Experience:  Extensive experience representing employees and management
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My daughter is being verbally threatened by her co-workers

Customer Question

My daughter is being verbally threatened by her co-workers , she's only been working at this restaurant for little over a month. Friday nite her co - workers ganged up on her & forced her to leave by threatening her. She had been working her shift for a couple hrs & these co-workers took her tables away from her & told her she had better leave , she still had customers & money to tally up which she did all the while crying & as she was cashing out, all the girls continued to harass her & threatened her that she better leave quit & not to come back! My daughter is trying to support her family & from day one she has been harassed by someone! What should she do , the managers are aware of this they haven't helped her or protected her, please help me help her !
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Joseph replied 2 years ago.
Hello and welcome to Justanswer.

I'm sorry to hear about your daughter's situation and hope I can help.

If your daughter's co-workers are making threats against your daughter that makes her fear for her safety, she could file a police report against them for harassment.

Additionally, if the treatment that she is experiencing is due to discrimination based on a protected characteristic (such as race, gener, national origin, or ethnicity) she would have the right to file a complaint against her co-workers with the Department of Fair Employment and Housing for discrimination in violation of the Fair Employment and Housing Act.

She can file a complaint using the instructions available online here:

http://dfeh.ca.gov/Complaints_eCompProc.htm

The Department of Fair Employment and Housing will investigate your daughter's complaint on her behalf and either file suit on her behalf or issue her a right to sue letter so she can pursue her complaint against her co-workers through a private attorney.
Joseph, Lawyer
Satisfied Customers: 4821
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 2 years ago.
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Customer: replied 2 years ago.
Should she return to work even though the thought of being harassed has her terrified ? Does filing a police report before returning to work help protect her? She really needs this job to support her family. In the event she is forced out does she have a strong legal case ? Even if she leaves on her own due to fear for her well being ?
Expert:  Joseph replied 2 years ago.
Yes, I would still suggest that she return to work after filing a police report. She could also file a restraining order against her co-workers, which would help protect her.

If she is forced to leave due to the hostility of the work environment, she would have a good case for receiving unemployment beneftis, even though she quit her job, since a reasonable person in the same circumstances would also leave work out of fear for their well being.

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