Legal Question in Sexual Harassment in Florida
Termination based on allegations
my co-worker recently was terminated fom my company based on allegations against him of sexual harassment. When he was dismissed he was not given any details just that the company would no longer need his services based upon allegations made against him. He has contacted teh company numberous times to try and get some closure adn at least give a statement and a chance to clear his name, yet the employer refuses to repond.
What are his rights? Can he say the claims made against him? Legally does the company need to investigate or take a statement from him? They have not even checked the dates that teh alleged incidents had happended to see if tehse girls were at work. If consenual sex happens outside of the work place can it still be used against him?
Please advise, any help is better than no help at all
1 Answer from Attorneys
Re: Termination based on allegations
It sounds like he was terminated without the opportunity to respond to the allegations. If so, he may have a discrimination claim of his own. (I.e., they fired him based on sex, or perhaps other factors such as race or age, without doing a proper investigation to determine if real reasons for the discharge existed.) Without more facts as to what actually happened, I can not provide any guidance.
If he is interested, let him know he can email directly to me and I will see if I can help. He can also file a claim with the EEOC, for free, to see whether sex or other discriminaiton occurred. For discrimination claims, he must file first with the EEOC before suing in court. There are time limits so he should not delay.
Jeff Sheldon
The Sheldon Law Firm
Caveat: This is general advice only and should not be relied upon as legal advice because all facts and circumstances are not known to the author.