California Employment Law

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Back I Feb I got down at I'm a employee there, Just by a…

Customer Question
Back I Feb I...

Back I Feb I got pat down at Ross I'm a employee there

Lawyer's Assistant: Was this discussed with a manager, HR, or an attorney?

Just by a manager he told he was going to fire the sps but he didn't fire him and one of the manager told me she called HR

Lawyer's Assistant: Is the employment "at will," union, full time, or part time?

Part time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes not long ago like 2 weeks ago someone a manger I'm amusing because they are the only access to the combination to the locker they put a blade pocket knife blade just the blade inside of my locker and I always have lock my locker

Submitted: 10 months ago.Category: California Employment Law
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Answered in 8 hours by:
8/13/2017
California Employment Lawyer: Law Educator, Esq., Attorney replied 10 months ago
Law Educator, Esq.
Category: California Employment Law
Satisfied Customers: 125,292
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What is your specific question for us about this situation?
Ask Your Own California Employment Law Question
Customer reply replied 10 months ago
What can I do about this situation human resource from Ross close the case.
California Employment Lawyer: Law Educator, Esq., Attorney replied 10 months ago

Thank you for your reply. I need you to clarify the whole situation, because based only on what you typed above, we really do not understand what is going on.

If you could please tell us exactly what happened and what they patted you down for and who patted you down and give us more details, it would allow us to answer you.

Ask Your Own California Employment Law Question
Customer reply replied 10 months ago
Back in February when I went to get my coat 52 check for another employee check my bag before I clocked out the SPs had padded me down from my breast I did talked the manager and he had told me what do I want to do about it and they also told me they were going to fire the other employee SPS but never fired him it made me feel very uncomfortable so then the co-worker apologize to me and I was also told that they had called HR and told them about the situation then not long ago someone an employee manager someone who has access to the locker combination had put a pocket knife blade inside of my locker but I always keep lock but HR close the case because there is no cameras inside the break room so they have no Evans who made of Put The Knife inside of my locker the only reason how I noticed a knife it's was when I grabbed my purse and it fell off locker
Customer reply replied 10 months ago
I took a picture
California Employment Lawyer: Law Educator, Esq., Attorney replied 10 months ago
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
An employer has a right to search employees an employee lockers and desks on the employer's property. They can conduct random employee searches and they can conduct searches for suspicion. However, the employer does have this right on their premises with employees, since the courts find there is a limited right of privacy on the employer's premises and an employer has a right to check to make sure employees are not stealing or violating company policy.
As far as the knife in your locker, it would be your burden to prove how it got there, since you are alleging it was not your knife blade and you did not put it there. If you are making those allegations, you need to find a witness or some evidence to support your claim to have a legal case against the employer for that action.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
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Customer reply replied 10 months ago
Okay thank you
And is it to late to do something about me being harassed by the SPS at work back in February
California Employment Lawyer: Law Educator, Esq., Attorney replied 10 months ago

Thank you for your reply.

IF you have been harassed based only on your age/race/sex/disability/national origin and the harassment is ongoing you have 1 year to file a suit. If you have been harassed only 1 time based only on your age/race/sex/disability/national origin you have only 180 days from the date of the harassment to file a claim. You would file the claim to the EEOC only if the sole reason for the harassment is based only on your age/race/sex/disability/national origin.

So if this is just regular harassment you are claiming, not age/race/sex/disability/national origin, you have to tell us the state you are in so we can look at the appropriate personal suit statute of limitations.

Ask Your Own California Employment Law Question
Customer reply replied 10 months ago
It only happen one time i felt violated i cryed for a couple of days and didnt understand why he did that he touch my breast when he patted me down
California Employment Lawyer: Law Educator, Esq., Attorney replied 10 months ago

Thank you for your reply.

He has a right to reasonably check employees, if he groped you and actually grabbed and squeezed you then you could sue for assault against the person and you could file criminal charges with the DA.

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