Legal Question in Sexual Harassment in Georgia

I worked in a restaurant as a server/bartender & even part-time manager for 5+ years. I dated the Manager for 3-1/2 years and we broke up. He emailed me saying that it was too difficult for him to work with me & told me that he could get me transferred to a different location. I asked the General Manager for the transfer stating that my ex had emailed me & asked me to quit. The GM took me off the schedule immediately & fired me & would not help me get on anywhere else. I was repeatedly told that I was one of the best employees that they had and when I broke up with my ex the GM even told me how proud he was of me for leaving him after years of being mistreated. Do I have any course of legal action against the restaurant. This is a corporate restaurant that are individually franchised. I spoke with the owner after being fired & he told me that I would have to go through the motions of filling out an application at a different location. I did and was never considered for a job; even though I was only asking for a transfer.


Asked on 11/16/09, 11:16 am

1 Answer from Attorneys
Gregory Fidlon Law Offices of Gregory R. Fidlon, P.C.

If a female employee is terminated because she refuses to have a sex with her male supervisor, that would be unlawful (quid pro quo) sexual harassment. However, where a female employee is terminated because she ended a consensual sexual relationship with her supervisor, courts have held that the termination was due to a "failed relationship," not gender-based harassment. Thus, unfortunately, the facts described would not appear to support a legal claim for sexual harassment.

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Answered on 11/22/09, 2:28 am


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