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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41221
Experience:  I provide employment and discrimination law advice in my own practice.
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My wife has been sexually harassed by her boss since she joined

Customer Question

My wife has been sexually harassed by her boss since she joined the landscaping organization as an executive admin about one and a half years ago. Her boss is a director in a large Southern California property management company and my wife has been at the company her entire professional career of 7 years. Every time she informs me of an incident, I advise her to seek advice from her HR department or another manager, but she will not inform them for fear of retaliation, being labeled as a victim or wave maker and for fear that it would hurt the company and the life of her boss. She is at the point at which she can not go to work anymore and has decided to put in her two week notice, despite the fact she loves the company and doesn't want to seek employment elsewhere. Is there any advice for how she should proceed with giving her two week notice?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns.
I am genuinely sorry to hear that she plans to leave. I must ask, however--if she is already willing to leave, why is she still hesitant to go to HR, or is this not something she wants to pursue even now?
Customer: replied 2 years ago.
Thank you. She is not interested in going to HR, despite having decided to leave. I believe she does not want to hurt the company or anyone's lives and would rather just not draw any attention to the matter. She is not one to cause waves...
Expert:  Dimitry K., Esq. replied 2 years ago.
Hi, This situation may require it. Here is why: While it is very much your wife's choice on whether or not to pursue it, she does have a basis to contact the EEOC (Equal Employment Opportunity Commission) and seek to file a complaint against the employer for such blatant harassment which for all practical purposes caused such a hostile work environment that your wife quit. But one condition of filing, at least in general, is that your wife has to also inform the employer, specifically HR, and request that they investigate. Now, your wife may choose to not file and claim that HR was not going to be fair especially if this is a small company, but typically creating a paper trail is wise. Now, if she simply wants to leave, she just needs to give 2 weeks notice and not disclose the reason (as she does not have to do so). She does not need to take further steps because as she is 'at will', she can choose to quit at any time and without good cause herself. So just giving written notice is sufficient, but giving written notice is key--this way if they get angry or retaliate by firing her (which happens at times), she has proof of notice and can likewise seek recourse from the state agencies for a retaliatory termination. Sincerely, ***** *****

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