Legal Question in Sexual Harassment in Florida

sexual Harassment

I was resently employeed as a bartender at a gentlemans club where my boyfriend worked as a kitchen manager. I broke things off with my boyfriend for reasons having nothing to do with our work environment and the next day he informed me that I had been fired by one of the owners of the club. I have no written repremands on file and have had an exceptional work ethic. Do I have a sexual harassment case on my hands?


Asked on 6/19/07, 7:23 am

2 Answers from Attorneys

Bonita Riggens Law Office of Bonita M. Riggens

Re: sexual Harassment

No.

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Answered on 6/19/07, 10:05 am

Re: sexual Harassment

Ms. Riggins is probably correct, but without more facts, it is hard to tell. First, it would be sexual discrimination, not harassment.

Second, it is, believe it or not, legal to fire someone because they broke up with a boyfriend or girlfriend. That is not based on your sex. In other words, they did not fire you because you are female, just because you broke up with the guy (if that is actually the reason).

However, there could be other factors that make out a case. For example, perhaps they have a pattern of firing females for non-work related matters. (In this case, if they claim they fired you to prevent work problems, then why not fire the guy too? That very well may be discriminatory.)

Or, they may have a pattern of firing females when work relationships break up, but not the males. (Unlikely that there are enough scenarios to make out a case, but one never knows.)

Also, if there is an employee policy on discharges, try to get a copy. Perhaps it says discharges are only for cause, or that you have some appeal rights. Employers often trip up by failing to follow their own policies - that can be a breach of contract.

You might also send an email and ask why you were fired. You can phrase it in terms of wanting to do better next time, but in fact you want to lock the employer into the explanation.

So, if you want to take action, you can file a complaint with the EEOC or the state Human Rights Commission, for free and without an attorney. They will investigate and see if anything wrong occurred. You must do that first, and afterward you can sue in court if you want to. There are time limits, so don't delay.

From a practical perspective, if that was the kind of people they are, you may be better off moving on. Certainly, you should concentrate on getting a new job if you have not already.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon

The Sheldon Law Firm

CAVEAT: This is only general advice based on limited facts and knowledge of the situation. It thus can not be relied upon as legal advice nor is the author responsible or liable for any actions by the parties involved in the matter.

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Answered on 6/19/07, 5:20 pm


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