Legal Question in Employment Law in California
Wrongful Termination and Reverse Discrimination
I would appreciate any answers to my problem. I worked for Chevy's for two years. During that time I was given 6 written warnings applying to different areas for asserting myself to wrong doings by management. Recently a woman with a past of alleging sexual harrassment, decided to file a claim against me with the company. They claim was unsuccessful, but the threat of this woman making more claims was still there. They decided to teerminate me due to "misconduct" because of the written warnings in my file. I believe this was due to the claims of the woman, not my performance. In a conversation with the manager of the store, she said to me, "the investigation has nothing to do with your performance at work, that (my performance) we are satisfied with." Due I have any legal basis to take action for wrongful termination or reverse discrimination, as I feel because I was the male name in the womans sexual harrassment claim, they singled me out.
1 Answer from Attorneys
Re: Wrongful Termination and Reverse Discrimination
This answer assumes you are a California employee working for a California employer. Generally, claims of alleged employee misconduct such as the type described are considered unlawful. It would appear your employer did a prompt investigation of the matter and resolved in this particular instance you were not at fault. That being the case, you may want to consult with an employment attorney right away to explore the possibility of filing a complaint against your employer for employment discrimination, defamation, and possible other wrongful acts. Even if you chose not to do so, this employer's action may serve as a wake up call. Certain types of conduct in the workplace are simply never permitted. One of the most dangerous areas of misconduct is sexual harassment. You should read the employee notices posted by your next employer concerning what type of employee actions are deemed to be unlawful.