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Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33167
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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After an investigation, it was determined I had been subject

Resolved Question:

After an investigation, it was determined I had been subject to inappropriate comments. It was basically brushed under the table with an apology letter promising no retailation. Next, my brother, an employee there for 22 years was terminated, I was told I was no longer employed at that location (I worked at 2 stores), my salary was cut. One of my boses continued to harass me by putting me as the go between the company & my brother, and also another one of the owners. It drove me to a stress that was so bad, my doctor put me on medical leave. I am still on leave & I have now been told my medical coverage is being cancelled, and that although my position as office manager has been eleminated, they will find something for me to do when I can return. Do I have any kind of case?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Tina replied 5 years ago.
Hello and weclome,

What type of comments were involved, sexual harassment or something else?

Are you currently on FMLA leave?

Does the employer have at least 50 employees?

Customer: replied 5 years ago.

Sexual Harassment

I'm on Disability Insurance through the State of California EDD

Yes, more than 50 employees

Expert:  Tina replied 5 years ago.
I see.

This appears to be a viable case of retaliation for reporting the sexual harassment, which is prohibited by state and federal law. You only have 300 days from the date of the retaliatory acts to file a formal complaint with the state fair employment and housing commission alleging retaliation for filing the complaint, so you need to file the complaint promptly.

Here is a link to their website:

The agency may investigate, mediate, litigate, or issue a right to sue letter. Ask them for attorney referrals and look for a local attorney to represent you through this process.

You are typically entitled to lost wages and benefits due to the retaliatory acts and may also be entitled to punitive damages.

Since you are on FMLA leave, that typically protects your job for the time being, but it is critical to get this process started as soon as possible.

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