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Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 1736
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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Hello, so a couple of months ago I was working at a restaurant

Customer Question

Hello, so a couple of months ago I was working at a restaurant as a hostess and one of the managers from there became very friendly with me . He soon started textjng me late night after my shifts . I (stupidly ) went along with it and we started hooking up . It went as far as us doing things we weren't supposed to do at the RESTAURANT itself :/ I then found out that I wasn't the only person he had done this with . He has a reputation of sleeping with employees and it really devastated me . He made me quit my job so that he and I can keep seeing each other . Now we no longer speak but I am thinking of writing a letter to corporate so that they know what kind of managers they have working for them. Is this a good idea ? What should I do ?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Brandon, Esq. replied 1 year ago.

Employment-LawExpert :

Hello and thank you for your question today. Are you online with me?

Employment-LawExpert :

Welcome to the chat


 

Employment-LawExpert :

First, let me say that I am terribly sorry to hear that you quit your job. Concerning writing a letter to corporate, you are completely entitled to do so, however, you should know what will likely happen if you do to best assist you in making your decision.

Employment-LawExpert :

It is illegal to discriminate against a person because of their gender. One of the fastest ways to open a company up to sexual harassment or gender discrimination claims is when employees start dating their managers.

Employment-LawExpert :

Thus, if corporate knew that this was happening, they will likely end up opening an investigation, and may end up firing this person if they think that they are open to such claims.

Employment-LawExpert :

That being said, you may have a claim yourself which you could make to the DFEH or EEOC

Employment-LawExpert :

If you ever felt pressured into hooking up, or felt you were treated differently because of your gender or your inability to hook up, you would have a claim for sexual harassment or discrimination against the manager and the company

Employment-LawExpert :

Does that make sense?

Employment-LawExpert :

Finally, because this was a restaurant, and because you mention that you did things at the restaurant itself, the likelihood of him getting fired is increased exponentially

Employment-LawExpert :

Because the owners of that restaurant could have their restaurant closed down by the food and safety board if such information ever came to light.

Employment-LawExpert :

Because this behavior hows such poor judgment, it would be unlikely that he would keep his job

Employment-LawExpert :

so, your original question is, is this a good idea? To best respond, I would need to know exactly what it is that you want to get out of this. Do you want to get him fired? Do you want monetary compensation? Or do you just want corporate to know what is going on?

Customer: yes , but what if I went along with it ? I feel he did favor me a lot after that . And we did have intercourse at the restaurant itself. What kind of evidence can I use ? Does it matter that I haven't worked there for about 4-5 months ? I feel like its time they knew
Employment-LawExpert :

Regarding the 4-5 months, it matters for the purposes of a monetary claim, but not for the purposes of letting them know

Employment-LawExpert :

If you went a long with it, and never felt like your job was in jeopardy then the likelihood of a sexual harassment claim is decreased

Employment-LawExpert :

That being said, the mere allegation of this will likely be enough to get this person fired.

Employment-LawExpert :

When you mention evidence, do you mean evidence for a legal claim? or evidence to get him fired?

Customer: How will they know that I am not just making this up ? I do have texts I can retrieve . And i am not looking for any compensation, just to get him fired .
Employment-LawExpert :

Then you will want to be as detailed as you can. The more information, the better. Not of the types of acts, but of the times, locations, witnesses, etc. You can state that you felt pressured into having intercourse on particular locations at the restaurant at particular times. You can state that you know he is doing this with other girls there as well and wanted them to know what was going on.

Employment-LawExpert :

The mere allegation would be enough to have them look into this very specifically. You want it to sound believable, and not just an angry letter for the fact that you got fired

Employment-LawExpert :

if you can really get across that this was not an isolated incident then they will likely terminate his employment

Employment-LawExpert :

Does all of that make sense?

Employment-LawExpert :

So the fact that you had a relationship will have no bearing on their decision to terminate him. Any facts relating to you feeling pressured to have a relationship will, and any facts relating to acts which occurred at the location will.

Customer: You've made some excellent points ! I had been going back and forth for months trying to figure out if i should speak up or not but now i know exactly what ill do . One more thing, should the letter be anonymous or should I say my name ? I still talk to everyone from the restaurant and wouldn't want them to know this drama
Employment-LawExpert :

That is entirely up to you. It is very likely that corporate will contact this manager and that this manager will be told your name. So, there is no way to guarantee that everyone in the restaurant will not know this drama. That being said, putting a name to the letter will go a long way towards him getting fired. So, you need to weigh that choice. Of course, you can definitely write the anonymous letter and they will likely still do an investigation, but then it becomes possible that someone who just doesn't like him would decide to write the letter.

Employment-LawExpert :

That being said, if you do use specifics, there is no way that he will not know this is you.

Employment-LawExpert :

Of course, you could write as an anonymous person saying that you know sexual acts have occurred at these locations at these times on these places of the restaurant. Like I said, it will be enough to open an investigation, it just may not be enough to get him fired.

Employment-LawExpert :

Have I fully answered your question today? Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

Customer: Yes , as of now I have no more questions :)
Employment-LawExpert :

I am glad I could get you pointed in the right direction. If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you. Have a wonderful rest of your day.

Brandon, Esq., Lawyer
Satisfied Customers: 1736
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Brandon, Esq. and 2 other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

Hello again,


i know that this is a bit too much to ask but i am having a difficult time starting this letter. Can you help ? I need an idea to start it and then ill know what to say from there . What i will be talking about is how i dont work there anymore and havent worked there for over 4 months, but that i feel disgusted by this man, and i feel like they should know what kind of manager he is .

Expert:  Brandon, Esq. replied 1 year ago.
Just start with the truth. A free write is always a good way to start and then narrow it down from there. Unfortunately, I cannot write the letter for you as that would be creating an attorney client relationship with you which I cannot do. Of course, if you want to ask another question to other experts you are welcome to do so. There is always an expert out there willing to break the rules (and ultimately get disbarred and kicked off the site). That being said, if you have any other questions of which I can give general information to, I would be more than happy to help. That being said, you want to recognize what the purpose of the letter is. If it sounds like an ex-girlfriend who is pissed off, then they will not take you seriously. If, however, it sounds like a person who is generally concerned about the wellbeing of the restaurant, they will take you very seriously. So, instead of talking about how you dont work there or haven't worked there for 4 months, instead, just focus on talking about what this person did. Something like, I wanted to bring to your attention the repugnant behavior which is occuring at your restuarant located at ______. On numerous occasions (manager) has engaged in sexual intercourse on the counters (or whever it occurred) with his employees in violation of state sanitation codes. Further, given the nature of these relationships and the fear various employees have of not subjecting themselves to him, keeping him employed will result in sexual harassment lawsuits filed against your company.

Or something to that affect.

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