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Question

I am an HR Manager and I had an employee come to me regarding another employee talking on the phone sexually. They are both in cubicals. I had to take this to the CEO since the department that the girl that was talking sexually is off bounds to me, apparently it seems the CEO does not want any conflict in that department. I wanted to send out an e-mail addressing that when on the phone since others can hear you, if you wish to say something that might offend others take it outside away from your desk. He has been sitting on this, I also wrote him an e-mail stating that I could not do my job to protect us from liability and that I did everyting to try and prevent a possible lawsuit. Since I am not able to do my job, do I have justification to quit and sue? I probably won't but just curious. Thak You

Submitted: 15 days and 9 hours ago.
Category: Legal
Value: $48
Status: CLOSED
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State/Country relating to Question: California

Already Tried:
nothing

Posted by INFOLAWYER 15 days and 9 hours ago.

Answer

The general rule is that if you resign, you do not qualify for benefits. But if constructively terminated by exposure to sexual harassment or hostile work environment that is an exception. The facts you mentioned do not appear to reach this level for a claim for benefits or a right to sue.

15 days and 9 hours ago.

Reply

Could this be considered an hostill situation, only because If I am suppose to take care of any sexual harrasment issue and I can't follow through, I don't believe I am doing my job and it becomes very disturbing that one department can do what they want and it seems does not have to follow the law.

Accepted Answer

I dont see a claim here unless you are being sexually harassed. If you are not being propertly helped in doing your job properly, that does not give rise to a claim

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Expert: INFOLAWYER
Pos. Feedback: 97.0 %
Accepts: 
Answered: 11/5/2009

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