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socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 37815
Experience:  Retired (mostly)
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im being harassed by my co workers acting like some kind of

Customer Question

im being harassed by my co workers acting like some kind of security. im watched and followed during my breaks and lunches and bathroom breaks. management denies this goes on and its blatent. I need to know what my options are here.
Submitted: 3 years ago.
Category: California Employment Law
Expert:  socrateaser replied 3 years ago.

Are there particular coworkers who are watching and following you, or is it pretty much anyone and everyone?
Customer: replied 3 years ago.

co workers that do my job and also supervisors. its blatent. I mean theses people are stupid. let me say I work for the government.

Expert:  socrateaser replied 3 years ago.
If it's the state government, then you could complain to the Department of Fair Employment and Housing (DFEH). If it's the federal government then you would have to complain through your union, because you are not claiming unlawful discrimination under federal law (which would mean you would complain to the agency's EEO office).

The California Constitution provides an express right of privacy. If you are being followed into private areas (changing or restroom areas), then you have a reasonable expection of privacy, and the employer, even if it's the government cannot deprive you of that right.

The U.S. Consititution provides no equivalent express protection. You would need to show that the conduct of the coworkers and supervisors violates an employment policy of the government, or of the union collective bargaining agreement. Thus, the required proof, in the case of any complaint, is key to your securing your rights.

If you have any coworkers who you can trust, then you may need them to help by observing the wrongful conduct and agreeing to testify in your behalf. That's probably the only way you can get the sort of evidence you require.

I admit, you have a difficult situation -- more than most, because of the lack of obvious evidence. Hopefully you can find someone with whom you work to assist -- because that will be the key to your getting any justice from your circumstances.

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

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