California Employment Law
California Employment Law Questions Answered by Legal Experts
Hello and thank you for your question today. Are you online with me?
Welcome to the chat
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.
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.
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.
That being said, you may have a claim yourself which you could make to the DFEH or EEOC
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
Does that make sense?
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
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.
Because this behavior hows such poor judgment, it would be unlikely that he would keep his job
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?
Regarding the 4-5 months, it matters for the purposes of a monetary claim, but not for the purposes of letting them know
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
That being said, the mere allegation of this will likely be enough to get this person fired.
When you mention evidence, do you mean evidence for a legal claim? or evidence to get him fired?
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.
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
if you can really get across that this was not an isolated incident then they will likely terminate his employment
Does all of that make sense?
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.
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.
That being said, if you do use specifics, there is no way that he will not know this is you.
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.
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.
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.
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 .
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).