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socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 39031
Experience:  Retired (mostly)
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My sister was raped at her workplace thursday, we need to know

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My sister was raped at her workplace thursday, we need to know wht to do next
Did the employee have any history of sexual harassment (or any other antisocial behavior) with the employer?
Customer: replied 5 years ago.
unknown at this current time.
My apologies for the delay, however your question was moved into a category where it could not be answered, and I had to wait until customer service moved it back to a more appropriate category.

Concerning the criminal law issues, there is nothing to do other than to wait for the county district attorney to contact you concerning your sister's status as a victim and a witness. Though, if you wish, you can contact the county district attorney's victim services unit (see, e.g., LADA).

Your sister also has a workers compensation insurance claim for medical care and rehabilitation concerning her physical and mental injuries. Her employer should provider her with a form DWC-1 within one day. If this didn't occur, your sister can fill out the form and give it to her employer (see this link). If the employer doesn't file the claim, then your sister can contact the Division of Workers Compensation and file a complaint.

If the workers comp claim is denied (though I can't imagine why this would happen), your sister can apply for state disability insurance, if she is off work for 8 or more days. See this link.

Concerning a possible law suit against the employer for negligent supervision, this is a possible lawsuit, but only if your sister's attorney can prove that the employer knew of the risk and particular harm to which your sister was exposed. That's why I asked about whether or not the employee had ever exhibited any antisocial behaviors, that would have provided notice to the employer that the employee was likely to cause trouble.

This is a difficult lawsuit, and if your sister wants to pursue it, then she will need a local civil litigation attorney. For a referral, see this link.

Hope this helps (and I hope that your sister recovers as quickly as possible from this terrible offense).

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