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I filed a assault / harrassment at work. He the, predator,

Customer Question
I filed a sexual...

I filed a sexual assault / harrassment at work. He the, predator, denied it. All of it. The meetings and all. I was sent a letter that said any retaliation on my part will result in termination. I don't know what would define retaliation. I have taken a leave of absence to cop with the rape and because they did not remove him from the workplace.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

I know of others. They wont come forward because they are terrified and are married. Scared to ruin their marriages. I feel like I can't return there.

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

They are scaring me. Feel very unsupportive. Said I was the supervisor that was not fulfilling my role.

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

California

Submitted: 8 months ago.Category: California Employment Law
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Answered in 17 minutes by:
9/26/2017
California Employment Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: California Employment Law
Satisfied Customers: 12,218
Experience: Licensed to practice before state and federal court
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California Employment Lawyer: Legal Eagle, Lawyer replied 8 months ago

I’m sorry to hear about your situation. Generally, retaliation tends to be limited to those employers who take some sort of negative employment action against an employee after they have engaged in a protected activity such as reporting sexual harassment. Sometimes, employees may not retaliate against other employees who are involved in this kind of situation. What defines “employee on employee” retaliation really depends on the circumstances, but it is typically limited to not doing anything to restrict the other employee from the typical benefits of their job, not bad mouthing them to other employees, or not taking some sort of action generally that is going to interfere with their employment. Now, if you are genuinely afraid of this individual, then you do not have to be in the same room with them. However, if he needs a report that you prepared, then you’ll have to give that to him. Basically, your personal safety never has to come at a risk, but you are required, per your employment agreement, to continue on with your ordinary business. Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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Customer reply replied 8 months ago
Thank you. I don't feel safe there nor do I feel
Other women are safe. He denied everything. I have never been fired from a job before. I have been at this hospital for 12 years. I have very close friends there. They know about the situation. They are my support. I already feel isolated not being able to work knowing he is there. Dealing with the trauma of the rape. This is why people don't report assault and harassment. He is protected. More than the ones affected. I am in a rape crisis treatment program.
They are treating me as the problem.What does one do to help themselves?
California Employment Lawyer: Legal Eagle, Lawyer replied 8 months ago

I can certainly understand why you would feel the way that you do. Oftentimes, assaulters will deny everything to protect their reputation. What I would probably do is of course make sure that you are never alone with him and limit your communications strictly to work related issues. I would also document everything and make sure that someone walks you to your car at the end of your shift and that you loop in people who can serve as eyewitnesses to everything that he does in your presence (or even out of your presence) One bright side is that in these kinds of complaints, hearsay is allowed, so if you hear him or anyone else discussing it, be sure to write down the date and time of what happened. The facts are what stop people from doing things like this and combined with your support group and treatment, I believe that you can see your way through. D id you have any other questions for me at all?

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Customer reply replied 8 months ago
Thank you. I am in such a bad Spot. I cannot walk into my office knowing he is there. I am going through trauma counseling. I took a leave of absence to protect my position. They want to fire me. I am the problem. I am the one who reported it. I have been battling survival. Can't sleep can't eat sleep. I han never been fired in my life. I want to protect my job.
Can I talk to my friends at work? Am I not allowed? They are my support. Am I not allowed to say anything to my teams that work with? They are all asking what is wrong.
HR was so hard on me. Questioning me. Making me feel like I did something wrong. Not caring that he did this to me and other women.
I have committed for 24 hours three time in the last 12 days.
Makes me see why women don't come forward. Knowing now that the predator is protected if he just denies everything.
California Employment Lawyer: Legal Eagle, Lawyer replied 8 months ago

I can imagine how you must be feeling. You can still talk to your friends at work. That itself is not retaliation. It's only if you intentionally do something to hurt him or his job would it be considered retaliation. Plus, HR is only interested in protecting the company, not you or him in particular. Once they realize that your claim has merit, they will probably do what they can to help out.

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Customer reply replied 8 months ago
HR asked me for receipts. I was advised to not give them anything as they are looking for evicdnce to fire me. Though the receipts could be evidence that he is lying. He denies we even had lunch, after is when he did his assault.
Customer reply replied 8 months ago
Do you feel I can't give them the receipts? That it would help them fire me?
California Employment Lawyer: Legal Eagle, Lawyer replied 8 months ago

Well, unless you have an employment contract that limits the reasons they can fire you, they could fire you with or without the receipt. So, it may be in your best interest to provide it to help cooperate and to help yourself get the justice you deserve. Did you have any other questions?

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