Legal Question in Sexual Harassment in California
Termination Letter Received 1 Week After Sexual Harassment Complaint
I made a HR complaint in writing to my HR contact as well as the �boss� of the person who made comments that were offensive to me, and a week and a half later I receive a letter of termination. I told them that she called me, however they never inquired about any of the harassment claims that I made. There was no investigation done. The letter states the reason for terminating me is because they lost the contract within the building I currently manage; therefore my position has been eliminated. However, during the HR meeting and other multiple conversations I had I was told how valuable I was, and how I would be considered for all positions that I am qualified before letting me go. Now after my complaint, I have been terminated, I am being reviewed again (our company policy is annual reviews) by the person who harassed me and her feedback will effect how much of a bonus I receive. She is also only a �consultant� therefore I don�t know what my legal rights are. I have witnesses and multiple examples of her inappropriate sexual harassment, regarding my sexuality as well as other people�s sexuality. I have documented a lot of what she has done/said.
2 Answers from Attorneys
Re: Termination Letter Received 1 Week After Sexual Harassment Complaint
from the facts given, you appear to have a very strong case, especially if you have evidence and witness testimony to back your claims for wrongful termination based on whistleblowing on sexual harassment. if you would like further assistance in this matter, email me directly highlighting all of the evidence you have to support and prevail in your case.
Re: Termination Letter Received 1 Week After Sexual Harassment Complaint
I would agree with Mr. Torrey that you probably have a good case of prohibited retaliation for filing a sex harrassment complaint. Another lawyer and I recently filed a discrimination complaint on just such a basis against a major Arizona corporation and they agreed to a 6-figure settlement of her claim before the case even reached the discovery phase. It was about one year's pay, in her case. Your case sounds considerably stronger and more blatant than that one.
I would also be happy to consider taking your case. If interested, please provide me with all specifics you can by e-mail, or you may call at (770) 534-1057. Although I am a long-time member of the California Bar, my offices are currently in the Atlanta, Georgia area, so the practicality of my assisting you will depend on a number of factors, including how highly compensated you were. Seldom do these cases go to trial, but if I take your case, I will either travel to California myself to handle the proceedings, or utilize local counsel in the area for that.
You have 180 days from the date of your discharge to file a charge of retaliation with EEOC. If you do not first file the administrative charge, you will be barred from bringing suit, so you should note that deadline and take action before then.
Good luck. You have been wronged and I sympathize with your plight.
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