Legal Question in Sexual Harassment in Virginia

Unlawful Termination

I emailed my boss regarding all the things that were wrong in the office. I stated that he was never available for me and I didn't feel valued. I also mentioned that I found porn in the owners office when I was cleaning (which I was told to do). I was offended and said so in the email. The next thing I knew I was being fired because ''we didn't see eye to eye''. I believe I was fired because the owner was upset I found out about his porn obsession. I had never been criticized about my work. I had, up until that point, been praised. Do I have a leg to stand on if I sue for unlawful termination? Obviously there is a little more to this story.


Asked on 6/17/05, 5:56 am

2 Answers from Attorneys
Shane Jimison Jimison/Homiller, PLC

Re: Unlawful Termination

There is always more to the story, but at first blush it sounds like we should at least talk about what happened more in-depth. Feel free to give me a call at 804-217-9898 for a no-cost phone consultation.

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Answered on 6/17/05, 6:00 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Unlawful Termination

I see no basis for your bringing a lawsuit against your former employer either on the basis of sexual harassment or "unlawful termination".

The porn which you uncovered in the office of your former boss was clearly not intended to be part of your workplace environment and therefore

could not possibly form the basis for any charge in federal court regarding sexual harassment in your workplace.

Regarding your reference to a suit for unlawful termination, apparently, you don't realize that Virginia is a so-called employment-at-will jurisdiction and unless an employee is working under a contract protecting him or her from summary termination, an employer can use virtually any reason(or no reason at all)to terminate an employee in the Commonwealth of Virginia as long as it doesn't violate federal anti-discrimination laws.(Not very likely in the situation which you've outlined).

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Answered on 6/23/05, 3:32 pm


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