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Attorney & Mediator
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I was fired for sexual harrassment by my employer. My shift

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I was fired for sexual harrassment by my employer. My shift ended at 11pm. I sent the young lady a text a 11:30 pm she was at a bar. The text I sent was graphic in nature but we had been talking about goin out for days. Later that night she sent sent me sexual texts and even called me to come over at 3 am. I then declined. The next day she took one text message and showed it to HR, they refused to look at all of the text she sent me and fired me on the spot for sexual harrassment. She is white and Im black. Is this legal?
Submitted: 5 years ago.
Category: Employment Law
Expert:  Attorney & Mediator replied 5 years ago.
Color has nothing to do with it unless they specifically said you are being fired for being of a certain color or others where treated differently on the same problems as you are now facing.

If you are an "at-will" employee" you can be let go for any reason at all so long as it is not based on discrimination. Although your shift ended, you don't say if she was a co-worker of an attendant of the bar. If she was a co-worker and still working at the time you sent the messages, that can make you liable. However, if she was sending corresponding messages agreeing to your conduct, that is your defense to an accusation of sexual harassment. If you have not already done so, you need to file a grievance with HR to investigate. If she was accepting of your texts, then this does not make out sexual harassment. However the employer can still terminate you if such messages were not acceptable in the workplace.





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Customer: replied 5 years ago.
I she was a co-worker. And she did send messages to me of the same nature. I was told I was being fired for sexual harrassment. This is puzzling to me because I offered to show them th text she sent but they refused to see them. How is that lawful? Also I know of other indidvduals who have made comments and gestures that could also be harrassment. Yet they were questioned and allowed to give statements I was not. If she sent messages and they refused to see them could it not be considered race discrimitions since they only looked at the message she showed them and no mine?
Expert:  Attorney & Mediator replied 5 years ago.
Race discrimination means others (not just you and her) have been treated differently because of color/race.

Based on the information you have provided, you should not have been terminated for sexual harassment. A defense to such a claim is where the other person was a voluntary participant. You say she also sent such text messages and never refused your advances, this would be a defense to a sexual harassment charge. Meaning you can challenge the termination as unlawful.

The goal of the employer is to protect all employee against sexual harassment, however there would not be such a claim if the other person was a voluntary and active participant to your actions. Hope this helps.






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Please Note: JustAnswer.com is a public forum. JustAnswer.com is not a law firm. JustAnswer.com is only a question and answer site. Asking a question does not create an attorney-client relationship nor is your question protected under the attorney-client privilege. An attorney-client relationship is established when you enter into written contract for representation and pay a retainer directly with the attorney or attorney’s firm.

JustAnswer.com uses the term “Expert”. I do not hold myself as an expert when I answer your questions. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given.

My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

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