How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask socrateaser Your Own Question
socrateaser, Attorney
Category: Business Law
Satisfied Customers: 38907
Experience:  Retired (mostly)
Type Your Business Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

Do we have a case against a large retailer (Lamps and lighting

This answer was rated:

Do we have a case against a large retailer (Lamps and lighting store) in Southern California who condones two conditions. First, the psychological abuse (verbal and treatment) of a female employee from the manager to the degree that she had to quit? Second, aggressive and disruptive behavior is tolerated at the expense of employee morale because the aggressive sales person earns high sales for the store.

The company's Human Resources department has sent a letter to the offended party containing an untrue statement, that witnesses who corrobate the plaintiff's report are not corroborating the report, but rather are denying that any wrong doing ever occurred. The Human Resources department is simply an extension of untrue reporting from the management level.

Harassment must be related to unlawful discrimination based on race, color, nationality, ancestry, religion, sex, sexual orientation, pregnancy, age or disability, in order to have any real power in a legal action.


Emotional abuse that is personally directed and unconnected to unlawful discrimination is actionable, but only as a breach of contract claim. This means that a terminated individual could sue for lost wages from the date of termination, to the date of trial or date of finding new employment. But, there would be no reinstatement of employment, as there would be for unlawful discrimination.


That said, there is no case at all without credible proof. And, if witnesses will not support the terminated employee's claims, then there is no proof -- and thus no case.


Hope this helps.


Terms and Conditions: By your continuing in this conversation with me, or by your clicking “Accept”, you are expressly agreeing to all of the following: (1) our communication is for entertainment purposes only; (2) you are not consulting me in my professional capacity as an attorney; (3) you do not seek to establish an attorney-client relationship with me, nor do I with you; (4) you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises (and you may not use our communication to avoid taxpayer penalties imposed by the U.S. Dept. of Treasury); (5) by communicating with me in this public forum you are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed. You further separately declare that any payment made by you is not consideration for this contract, nor offered for any services rendered by me on your behalf, but rather is made in genuine admiration and respect for my desire to help others. If you do not agree with these terms and conditions, then you must advise me immediately.

socrateaser and 3 other Business Law Specialists are ready to help you
Customer: replied 7 years ago.

Socrateaser, thank you for your spirit of giving. JustAnswer is proof that compassion still exists in this country.

Now, I believe that you may have misread, or I did not state clearly that there ARE indeed witnesses to the treatment that the plaintiff received. The treatment is best described as cruel. We are in the murky legal waters of subjective interpretation only because there was not actual physical violence. But cruelty, verbal abuse on one occasion which was witnessed near closing time by the victim's husband and child. The other witness, of course, was the perpetrator himself, the manager. What is murky is the motive behind his behavior: jealousy and fear of a female employee demonstrating, albeit in all innocence, superior intellectual and professional abilities to his own in the course of properly carrying out her duties. The abuse indeed has a sexual nature--the manager's abuse of a female employee because she was female and also because she is not an American-born person, but rather a spouse of an American.

Actual physical violence would certainly make things much more clear, because the case would instantly be converted into a criminal prosecution.


That said, if the employee believes that there is a sexual harassment issue, then the employee can and should file a complaint with the EEOC or DFEH. Since the employee is already terminated, she has nothing to lose, whether or not an attorney is interested in the case.



socrateaser and 3 other Business Law Specialists are ready to help you

Related Business Law Questions