Legal Question in Employment Law in California
Wrongful Termination regarding sexual harrasment claim
To whom it may concern,
I am a professional actor who has recently worked for a new theater company which has opened in my community. After an audition, I was selected to be a company member who held certain responsibilties and upheld the codes of conduct listed in my contract. After completing two shows I was terminated based supposedly on my intoxication at a company event. I had 1 glass of wine hours before arrival and was in fact only there for 10 minutes because the party had ended 30 minutes earlier. I couldn't understand why my friends and employers would terminate a valued member of their company for such a flimsy reason. However, it later came to my attention (via an email from the girl who had complained) that my termination was based on someone's claim of sexual harassment against me. They did not document it, or approach me about it in order to give me a chance to defend myself. I don't feel I harassed anyone, and I feel it is wrong to terminate someone without giving them fair trial. Are their laws against this type of termination? Any information would be much appreciated. Thank you for your time.
2 Answers from Attorneys
Re: Wrongful Termination regarding sexual harrasment claim
if your witness can substantiate her claim as well as your claim that you were dismissed for sexual harassment, rather than for inappropriate drunken conduct at the party, i would be interested in hearing more on your case. you may have a cause of action for wrongful termination but i would need more facts on your sexual harassment charge, copy of your co-worker's email, etc...
Re: Wrongful Termination regarding sexual harrasment claim
You may have a claim for wrongful termination. Several factors include the employer's policies and the strength of the allegations against you. An attorney may be able to negotiate a resolution and certainly could file a suit if the facts warrant one. If you are in the area, please contact our office for further consultation.