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Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 1840
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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My daughter was denied a transfer and a promotion and her boss

Customer Question

My daughter was denied a transfer and a promotion and her boss told her it is because she took too long to report the sexual harassment. I believe that he was reprimanded about this or creating a more safe work environment and is making her suffer. Additionally, he is promoting the girl who dated the harasser while he worked there. My daughter requested her transfer prior to this in order to pursue a better work environment and to move forward. The manager is holding her back and I believe this is a serious problem since he stated blatantly it was because of the sexual harassment event of which the offender was terminated following the investigation.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Brandon, Esq. replied 1 year ago.

If she is ready for something more severe, then it is definitely time to file a complaint with the EEOC or hire an employment attorney in her area. First, it is illegal to discriminate against a person because of their sex, second, it is illegal to create a hostile work environment where sexual harassment occurs, and third, it is illegal to be retaliated against because of a complaint of one of the above two things. What you are talking about definitely appears to be retaliation, and she should consider filing a complaint as a result.

If she decides to file a complaint with the EEOC, she can do so here:

 

http://www.eeoc.gov/employees/charge.cfm


If she decides to hire an attorney, a great resource is www.Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider having her consult with two or three different attorneys prior to selecting the one she feels most comfortable with. An attorney in a case like this would take her case on contingency, which means that she would end up paying nothing out of pocket.

If you have any other questions, or need additional clarification, please do not hesitate to ask. I wish you the best in 2013.

Brandon, Esq., Lawyer
Satisfied Customers: 1840
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Brandon, Esq. and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you Brandon. She received a response from the corporate office to expect a call from an investigator. I let her know that once the investigation begins, if her hours are cut or any change, that we will go to a lawyer. I did want to confirm that is the right amount of restraint at this time?

I truly believe this is a case of incompetence by the manager himself. He promised another employee a promotion to shift lead and then retracted it stating she has no car. She has a perfect employment record, my daughter drives her and was her referral. Ironic? Probably not.

In case you are curious, this is Starbucks. I want to thank you again, I found several options on the site you gave me the link to should she decide to take that action. Please let me know if you feel waiting would appropriate or no.
Expert:  Brandon, Esq. replied 1 year ago.
Waiting is entirely up to her. I always suggest being proactive as the attorney that is right for her may take a few days to call her back. This way, if she decides to go that route, she will have the person all picked out and can start immediately. But again, the choice is entirely hers.

In terms of restraint, all you have done is inform them that the law is on your side. While they likely knew this, if they did not, they definitely do now. In short, it was definitely appropriate.

I wish you both the best of luck and hope you both have a wonderful start to the new year.

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Brandon, Esq.
Brandon, Esq.
California Employment Lawyer
1840 Satisfied Customers
Has received a certificate of recognition from the California State Senate for his outstanding legal service.