Employer Harassment - Bay Area Co-Worker Harassment Lawyers
What should I do if I'm being harassed by a co-worker?
The first thing you should do is notify your supervisor. You should also begin keeping a detailed journal of the incidents that you feel constitute harassment. Keep in mind that not every form of unfair treatment or harassment is illegal. The harassment or unfair treatment needs to be related to ethnicity, gender, religion, age (40 or over), familial status, etc. In other words, if you and a co-worker are constantly bickering with one another and it's only because the two of you don't get along, it is unlikely that the harassment is illegal. However, if your co-worker is making unwanted sexual comments toward you, or making racial slurs, that type of conduct is illegal.
Opportunity to Correct: An employer can only be held liable for the illegal conduct of its employees if it is given a chance to correct the situation and fails to act. Put differently, if your co-worker is making unwanted sexual comments toward you and you fail to inform the supervisor, it is unlikely you will have a case against your employer.
As such, it is important that you immediately inform your supervisor and your Human Resources ("HR") department as soon the unwanted conduct occurs. It is always better to inform your employer in writing (email is fine) about the specifics of what is said, when, and by whom. That way, if the employer fails to take any action against the offending co-worker, the employer cannot later claim it did not know about the problem.
These cases can be sensitive and complicated, especially when you are still employed at the company. A variety of factual and legal factors should be considered and balanced before making a decision. Thus, it is important that you speak with a lawyer to help guide you through the process. Contact an employment law attorney at BV Law today for a free consultation.
For examples of the outstanding results we have achieved in employer harassment and discrimination cases, see our employment law client testimonials.