#WorkplaceHarassment #EmployeeRights #LegalAdvice
Wow, that sounds like a truly awful situation to be in 😞. It’s completely unacceptable for your manager to ask employees to flirt with you in order to fabricate a sexual harassment case, especially after you reported legitimate violations to the health department.
Here are a few key points to consider:
– It’s important that you document everything that happened, including the requests to flirt, the attempts to get you to resign, and the other unethical practices you witnessed.
– The fact that you have other employees willing to support your case is a strong indicator that there may be a pattern of wrongful behavior within the company.
– Consulting with a lawyer who specializes in employment law would be a great first step in determining the strength of your case and what legal actions you can take.
💡Possible solution:
– Speak with a legal professional to discuss your options moving forward. Consider filing a lawsuit for workplace harassment, discrimination, and any other relevant violations of your rights. Remember, you have the right to work in a safe and respectful environment.
Stay strong and know that you are not alone in this! Your well-being and rights matter. #SeekJustice #EmploymentLaw #StandUpForYourself
You need to get a consultation with an employment lawyer. California has very complex employment laws and only someone with full knowledge can help you.
I would recommend writing out all the details you remember from your employment and compiling a chronological narrative to help your potential legal team have the best chance to evaluate your case
You can report the labor violations to the DLSE such as not giving required meal breaks. You can only file a wage claim if it happened to you personally. [https://www.dir.ca.gov/dlse/HowToReportViolationtoBOFE.htm](https://www.dir.ca.gov/dlse/HowToReportViolationtoBOFE.htm)
Review the requirements in California for meal breaks here: [https://www.dir.ca.gov/dlse/faq_mealperiods.htm](https://www.dir.ca.gov/dlse/faq_mealperiods.htm) What people think the law is and what it really is often formed by employer policies rather than the law and what internally local culture thinks is fair.
Your local description might merit a retaliation complain with the DLSE. [https://www.dir.ca.gov/dlse/rci_osha_complaint.htm](https://www.dir.ca.gov/dlse/rci_osha_complaint.htm)
Private attorney can also handle these types of retaliation claims and can help you decide if a lawsuit is better or represent you in the DLSE complaint process.
>All of this happened after I refused to resign for reporting them to the health department. Initially they pulled me into a room and screamed at me that I needed to resign, and wrote me up for calling the health department. I refused both and had the whole interaction recorded on my audio recorder.
This is textbook retaliation minus the part where they just fire you outright because they know just how blatant that would be.
>You may have a retaliation claim against your employer if you were discriminated or retaliated against because you took part in any of the following protected activities:
>Made complaints about safety or health conditions or practices at work for yourself or your co-workers,
It sounds also very much like the employee they instructed to flirt with you would have a sexual harassment claim against your employers. She should pursue that.
Wow. Attorney here. If you are in California, as it looks like, you have multiple ground for a retaliation claim, based primarily upon Labor Code section 1102.5 as a whistle-blower. Maybe FEHA too (i.e sexual harassment).
If I were you, I would go interview lawyers with a record of success in labor and employment lawsuits.
Good luck!
I think in California it’s not legal to record people without their consent so you might leave that part out, though you could write it down and then just attest that they said it
This is the time to start get your recordings and everything else organized and easy to access for your legal counsel to better build your case
State labor board will tear them a new one and a lawyer will jump all over this
Blatantly telling other employers to flirt WITH you would get them fired and mybe even her,report that to hr as well
In addition to interviewing lawyers, you should file for unemployment; you were constructively terminated.
Sounds like you’ll be owning a restaurant soon
I would consult an attorney and there may be an opportunity to file a class action suit where all the employees that have been wronged and abused can join the suit to take this place down. They appear to be in violation of many laws and regulations. I’d also turn all of this into the labor board to investigate.