Handling Harassment and Retaliation – Complain in Writing

Under California law, an employer is not liable for harassment or workplace discrimination committed by the victim’s worker if the employer did not know or had no reason to know that the unlawful conduct took place. This means that to protect yourself during employment and to make sure that you are able to recover damages for your potential wrongful termination claims, you must complain about the unlawful conduct to your hr department, your supervisor, or your supervisor’s manager.

Often, during the litigation of an employment dispute and in an attempt to disprove the claimant’s case, the employer will argue that the aggrieved employee never complained about the alleged discrimination and harassment and therefore the same employee does not have a case. This is exactly why it is so important that you complain in writing (e-mail to HR department with CC to the management is advisable) and save your e-mails, as it would be very hard for your employer to seriously dispute the fact that you complained, if you have date-stamped e-mails that contain the description of the wrongful conduct and your request that the conduct be addressed.