Legal Question in Sexual Harassment in Maryland
Fired For Not Having Sex With my Employer
My mom's boyfriend hired me for his secretary. They stopped seeing each other. He walked me outside with my paycheck and said Since your mom and I are not seeing each other any more I need a secretary who will give me ''more of a hand'' if you know what I mean after hours. When I said no he told me I was fired. He said if I changed my mind that I could have my job back, if not, then don't come back.
He fired me for not having sex with him.
He owns his own busiiness with only one other employee, no one to complain to.
Can I bring a civil suit against him?
Do I have to file complaints first or get a lawyer?
2 Answers from Attorneys
Re: Fired For Not Having Sex With my Employer
If you are correct and your employer fired you "for not having sex with him", then you clearly need to retain an attorney immediately to assist you in exploring your legal rights and protecting your legal options.
There are a number of legal theories under which an employer can be held liable for making unwanted sexual advances to an employee, or conditioning continued employment on an unwanted sexual relationship.
You can certainly file a civil lawsuit without an attorney, but sexual harassment law is complex and you will benefit from having an attorney at the earliest possible stage. Your attorney may be able to help you negotiate a settlement without filing a lawsuit.
In any case, I would be happy to discuss this matter with you further, to get more facts about your case and to see if you would like to retain my services. Please contact me at:
973-605-8995
Alan S. Albin, Esq.
Re: Fired For Not Having Sex With my Employer
You can definitely sue if you are fired for refusing to have sex with your employer. The fancy Latin words for what that claim is called is "quid pro quo" sexual harassment.
Generally, unless an employee is provided with some written policy as to a complaint procedure, the employee is not required to follow an internal complaint procedure. Because this is definitely a small company, I am assuming there is no written policy.