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LawTalk, Attorney
Category: Legal
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Experience:  I am a practicing attorney with more than 30 years of experience in the legal field.
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My boss, the owner of a small massage therapy/bodywork

Customer Question

My boss, the owner of a small massage therapy/bodywork business, asked me to come to his house to perform a 2 hour massage on him, and then his business partner/girlfriend. It ended up being just him, and when i had him turn face up for the last 30 minutes, he had an erection the entire time. i didnt think much of it since we had a mutual respect for eachother as bodyworkers, i thought he must be super relaxed and comfortable to not hide it. when i finished i asked him if i was too sensual in my work and is that maybe why he had an erection. he said no, it was because i was gorgeous and I turn him on. this shocked me and made me very uncomfortable, but i was playing cool.He then came over to me and tried to kiss me, in which i totally pulled away and said no . he then asked if he could work on me next. i said no at first because i wanted to get paid, not do a trade, so he offered to pay me for my time. I finally agreed because he was going to be training me on his technique soon, so i wanted to see what it felt like. he insisted i take off my pants after me telling him i wasnt going to. i only agreed to 10/15 minutes of backwork, and found it unneccesary. but then i felt stupid for not taking them off, so i did. as i was face down with my arms at side ,palms up, he rested his penis in my hand. i was super shocked, stunned, almost frozen, but jerked away and said don't. then he asked if i would put it in my mouth. i said no way. then he proceeded to work on my back and butt and his fingers were pretty much between my legs, maybe even in my vagina for a moment, im not quite sure i was so freaked out and vulnerable, and feeling really shy at the same time. i should have got up and ran out but ws still thinking how this is my only job and i shouldnt throw it away just yet.. .Im a single mom. then he asked if i would jerk him off so he wouldnt be so distracted, and then he would continue the massage. i lifted my head up and there was his penis right in my face. in anger, rebellion, and disgust i let him put it in my mouth for a few seconds while i saw red. then i pulled away and yelled im not doing this i dont want to do this. he put it in my hand and i attempted for a moment then pulled away and said do it yourself i do not want to do this. he sat in front of me on the table and jerked himself off and came all over his shirt. i again layed face down on table and he legitimately gave me a 10 minute example of his back work. , I thanked him, took his $60 tip and left. I went to work the next day as if nothing happened and had two clients. Later that evening i started having flashbacks and it all started to really sink in. I am not attracted to this man whatsoever. i am disgusted by his behavior,and very upset with myself for handling it so naivley and poorly. I quit the next day via text and asked him to compensate me $2000 for having to quit abruptly and also for ruining my outcall practice, no more males!!! he is the one male i thought for sure i could trust, so my guard was waaaaaay down. His partner sent my paycheck in the mail , and asked for my availability next week. He obviously didnt share with her what happened. and it is his word against mine, no witnesses. i am so creeped out i feel like i need a whole new career. He didnt respond to my request for restitution and me walking away in peace without rocking the boat for his family or mine. he is also in a custody battle with his exwife, who i would like to alert as well since hes not complying with my needs. oh, and he didnt end up paying me for the work on me, just his 2 hour massage. do i have a case??
Submitted: 1 year ago.
Category: Legal
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

I've been a licensed CA attorney for three decades now, and for two of those, I have handled employment discrimination law and litigated cases against employers. Your description of the situation seems to indicate that there is discrimination going on based on your sex (sexual harassment).

CA law prohibits harassment and discrimination in the workplace and if this is happening to you, you do have a legal remedy.

Workplace harassment/discrimination is any unwelcome or unwanted conduct that denigrates or shows hostility or an aversion toward another person on the basis of any characteristic protected by law, which includes an individual's race, color, religious creed, sex (including pregnancy, childbirth, or related medical conditions), sexual orientation, physical or mental disability, medical condition (including cancer, a record or history of cancer, or genetic
characteristics), registered domestic partner status, marital status, age,family care leave, national origin, or ancestry, or other personal characteristic protected by law. A conduct is considered unwelcome if the employee did not solicit, instigate or provoke it, and the employee regards ***** ***** as undesirable or offensive.

In CA you have two possible avenues of approach to dealing with discrimination.If your goal is to ultimately sue in Federal Court, then you will file a complaint with the EEOC, and if you want to be in the CA Superior Court---local to your county---then you will file with the DFEH and, if you want to, with the EEOC as well. You must file a formal complaint of discrimination with the EEOC within 300 days of the alleged discriminatory act, and within one year for the CA DFEH.

You may file a formal complaint with the CA Department of Fair Employment and Housing alleging discrimination based on your sex.

To do this you must first make an appointment with the Department to be interviewed, either over the phone or at a local DFEH office. You may call the DFEH at(###) ###-#### ***** apply on line by using the Department’s "Online Appointment System." The system will guide you through questions to determine whether an appointment is right for you.

Alternatively, you may file a complaint with the EEOC (Equal Employment Opportunity Commission). If your company has 15 or more employees (the DFEH only requires that there be 5 or more employees, and only one if the claim is based on harassment), they are prohibited from discriminating against you. To file a complaint with the EEOC, contact the nearest Equal Employment Opportunity Commission field office. To be automatically connected with the nearest office, call(###) ###-#### ***** website: www.eeoc.gov

Federal law specifically prohibits discrimination, based upon the Ethnicity,Color, Religion, National Origin, Age, Sex and Disability of an individual,with regard to hiring, promotion and firing.

After you file the complaint, your employer will be prohibited from any retaliatory action against you. The EEOC will investigate your claim, and 180days after the filing of the complaint you may ask for a "right to sue letter". The EEOC will issue you the letter which gives you the right to institute a private civil action against your employer and seek monetary damages.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2015,

Doug

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