Sexual harassment in a business environment could take place in different forms. Under California laws, Sexual harassment is a violation of California’s Fair Employment and Housing Act and the Civil Rights Acts of 1964. The harassment may not be motivated by sexual desires but it may cover a wide range of offensive behavior and exploitation based on gender-bias. All these offensive behavior forces the employees to work in an unsafe and hostile business environment. If you’ve been a victim of sexual harassment, you should consult employment attorneys to help you understand the legal rights at the workplace. California law allows the employee to leave a job as per their will. However, if the job is contractual, then you can’t leave the job at your will. Most employees choose to give two weeks notice to the employers as business etiquette. However, there is no compulsion for the same.
Employer’s Liability in Sexual harassment cases:
As per the Federal laws, employers are held responsible if their employees have been a victim of sexual harassment. An employee can be sexually exploited by co-workers, clients, supervisor, and employers. If harassment leads to wrongful termination or relegation, the employer will be held responsible for the same. If you’ve been wrongfully terminated, you should know how to file an unemployment appeal in California. So if you’ve been denied unemployment claims, you can file an appeal against the deniers. This is because your employer will try to establish that the employee is not for benefits or he might try to deny that the employee was sexually exploited. If you’re facing similar situations, the best way is to hire an attorney for they can lead you throughout the process of appeal. You can find the best employment lawyer in Nakese Law Firm as they are proficient and experienced in handling sexual harassment, wrongful terminations, racial discrimination, unpaid wages, and gender discrimination.
However, if the employer ascertains that the business had proper guidelines on harassment and precautionary measures were taken; and that the employee had failed to follow them, then the employee’s compensation will be limited to a considerable amount.
Can you bring an action against your employer after quitting the job?
In most cases, it’s difficult to sue your employer for sexual harassment or wrongful termination after quitting a job. However, there are exceptions to this rule. You can take legal action against your employer if you can establish that relinquishment was a result of constructive discharge. It has to be proved that the employer’s action was so bad that any person, on reasonable grounds and similar circumstances would quit the job. However, if your employer has treated you rudely or has relegated you for poor performance, as a one-time incident; you cannot label it as ‘constructive discharge’. This is because the employers had reasonable grounds to behave in a certain way.
However, the employee needs to establish that the employer could have taken preventive measures at the workplace or certain actions after knowing the matter. The bottom line is that if you’ve been sexually exploited by your co-worker or supervisor, you should immediately inform your employer so that they get a chance to fix the situation or take action against the harassers. Otherwise, it becomes impossible to take action against an employer after quitting a job.