The Spivak Law Firm sexual harassment lawyers

Sexual harassment (http://www.fightsexualharassment.com/) is by far the most prevalent form of harassment individuals experience in the workplace. Sexual harassment violates the law when it is so severe or constant that it alters the conditions of the victim's employment and creates an abusive working environment. Sexual harassment is illegal under both federal and California law. Federal law offers protections to employees of companies of 15 or more employees. In California, sexual harassment is prohibited for employers of any size. Sexual harassment takes many forms. Being the butt of sexually-charged jokes or pranks, being grabbed or whistled at, sexual advances, requests for sexual favors or other verbal, visual, or physical conduct of a sexual nature can qualify as sexual harassment. Conduct that makes the workplace sexually charged does not need to be directly aimed at the person being harassed in order for it to be actionable. For example, being exposed to pornographic pictures can form the basis of a sexual harassment claim.

Quid pro quo sexual harassment occurs when a supervisor demands sexual favors from you in exchange for his assistance in promoting, hiring, or retaining you ("Do this... or else!"). The demand for sexual favors can be express, like "If you go to bed with me, I will make sure you keep your job," or it can be implied from unwelcome physical conduct such as touching, grabbing or fondling. In "quid pro quo" cases, a single sexual advance may constitute harassment if it involves the denial of an employment benefit (such as a raise) in exchange for sex.

Employees in California are generally "at-will." This means that the employment relationship can be terminated at the election of either the employee or employer for almost any reason or for no reason. However, employers that enter into written contracts with their employees will generally be obligated to comply with the terms of the written agreement and to treat the employee fairly and in good faith. Employers that trick their employees into employment relationships that the employee never bargained for may be liable to the employee for fraudulent inducement of employment (fraud/misrepresentation). This often arises when an employee moves a great distance or quits a job at the invitation of a prospective employer and then is afforded less compensation and different job duties than the prospective employer originally promised.