How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask socrateaser Your Own Question
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 37842
Experience:  Retired (mostly)
Type Your California Employment Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

I am a General Manager of a hotel. My boss who has the title

This answer was rated:

I am a General Manager of a hotel. My boss who has the title of Vice President has a personal relationship with another manager at my work. He asked me to give her a very undeserved promotion and raise. I said no and since then I feel as though am unfairly harassed on a regular basis. She has recently been transferred to another hotel in our organization but prior to this I was constantly subjected to their, what I feel was inappropriate, behavior such as cheek kissing hello and goodbye in the workplace, complements on her looks or style of dress and words of affection.

I went to our company's corporate office back in April to complain that this made me very uncomfortable given the fact that ever since I denied her a promotion, I believe I was now being scrutinized in way other managers are not. Through an epic bunch of circumstances, included a bogus discrimination suit filed by her with the DFEA against me, she was finally moved to another hotel, angering this VP greater. I have many emails, notes from meetings and witnesses who have also complained of their behavior.

I was recently given a "final written warning" for an infraction that wasn't even an infraction. It was a part of my job as a GM that we do everyday, it's just the rules for me keep changing and on Thursday he confiscated my Marriott Hotel issued computer. Given the way the rules for me keep changing for me, I undoubtedly will be terminated soon. Termination in my industry is the kiss of death as even though the hotel industry seems vast it is a very small community.

I want to sue this company. Do I have a case?
Yes. You are being retaliated against for complaining about a sexually hostile work environment. Your reference to the "DFEA" is actually the DFEH (California Department of Fair Employment and Housing). Now, you have a viable claim with the same agency. And, if you are retaliated against by being fired, then your claim becomes one for lost wages, as well as emotional damages.

At your option, you can hire an employment rights lawyer, and the lawyer will obtain a "right to sue" letter from DFEH, and then file a private lawsuit, after making a demand for damages from the employer.

None of this is likely to make you a valued employee of some other hospitality organization. But, it does appear that you have a pretty good case, based upon the facts you present.

For an employment rights attorney referral, see this link. To file a complaint with DFEH, see this link.

Please let me know if I can be of further assistance.

NOTICE: My goal here is to entertain while educating the public about the law. I hope my answer is useful and informative to you. During our conversation, the website may ask you to rate my answer. If you rate my answer lower than the middle rating, then the website retains your entire payment, and I receive nothing. It is entirely your choice as to how you rate my answer. However, because your payment to me is in the nature of a donation/gift, rather than as compensation for any services rendered, you are entitled to know how your rating affects the final distribution of your donation.

If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!

socrateaser and other California Employment Law Specialists are ready to help you

Related California Employment Law Questions