Retaliation? Please help...
I will try to be brief. I was fired after eight years of service. I had an excellent attendance and performance record. Several months prior to being terminated, I filed a sexual harassment claim against my supervisor who was sending me emails asking me to be his girlfriend, buying me underwear, etc.
The day I filed the claim, my supervisor resigned. Over the next several weeks my job responsibilities were reduced and then I was called in and fired. They gave two reasons - misuse of the company cell phone and damage to a company vehicle.
I had the cell phone for over three years and my usage had not changed. Yes I made personal calls but so did every other manager. As far as the company vehicle, I was given the "ok" to use it by my new manager but he claimed he never approved me to use it. I have a witness to this.
I contacted the EEOC and they found "no cause." I filed for a copy of the record and my employer claims that after my termination they found sexually explicit emails in my account. Passing jokes through email was common practice at the company and even the HR manager sent them - I have records of this.
Can they bring up things they uncovered after I was terminated to support their case?
As far as the manager who resigned, the EEOC report states the company "fired" him for sexual harassment. However, on his unemployment compensation request, the company said they downsized him for lack of work. By the way, the company fought my unemployment claim.
It can easily be proven that every manager who had a company cell phone used it for personal calls. I was never counseled on this matter. Also, the company said I was not qualifed to operate the company truck but there has never been a training program for qualification. All that was ever necessary to drive it was a valid driver's license and dozens of people drove it. In fact another male employee damaged the truck and didn't even receive a warning.
I have since taken another job at a significant pay cut. I can afford the consultation fee but don't see how I can pay for a law suit. Do I have a case and would it be taken on contingency?
Answers (1)
If you can prove that your complaint of harassment caused your termination, you may have a sufficient claim. That is, if you engaged in protected conduct (made a good faith complaint) and were fired (which you were), you have a claim if your complaint caused your employer to fire you. The trick, of course, is proving why the employer acted as it did.
To prove causation, you need evidence. The timing is some evidence of causation, but you probably need more. We can discuss what you need, such as hostile employer comments or retaliation against others, during a consultation if you like.
The employer's claims that it fired you because of sexual emails in your email box is a double edged sword. If you can prove that it did not and would not have terminated you for those reasons, then the fact that the employer gave a false reason is some evidence of retaliatory bias.
On the other hand, if the employer can convince the jury that it discovered something after your termination that justified your termination, the employer can avoid paying damages from the point of discovering the justification forward.
Whether or not your case is strong enough to merit consideration as a contingency case depends on the specific facts, including the amount of money damages you may suffer. If you would like us to evaluate your case, call Cheryl at 330.665.5445, ext. 0 and she can schedule a consultation.
Best regards,
Neil Klingshirn
The fact that the employer terminated the harasser is not entirely relevant to
posted by Neil Klingshirn | Feb 25, 2003 12:36 PM [EST]
Answer This Question
Sign In to Answer this Question
Related Questions with Answers
Contact Neil Klingshirn
Neil Klingshirn
AV rated Super Lawyer and Employment Law Specialist
Independence, OH
Phone: 216-382-2500