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TexLaw
TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4164
Experience:  Contracts, Wrongful termination and discrimination
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I was employed in a part time PR position for a project through

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I was employed in a part time PR position for a project through my local school district. I received several rude comments on the job and complained by email to the police , in terms of the rude comments being harassment. I was asked to resign, and did so. Even though the school district has many, many other positions open, they also said ' we have no positions for you.' What are my chances of legal redress?
Submitted: 1 year ago.
Category: Employment Law
Expert:  TexLaw replied 1 year ago.
Hi,

Thank you for your question.

We need to first start out with the proposition that employment law is very one-sided in favor of the employer. Generally, unless there is a contract governing your employer, you are an at-will employee and may be terminated for any reason, or no reason at all, unless it is based on illegal discrimination.

That being said, can you tell me more about nature of the rude comments?
Customer: replied 1 year ago.

a semi suggestive drawing from my female supervisor, who retired at about the same time I left,


 


and also; "will you be taking the kids to [a local jail] "


(this is a small town with proportional gossip, and this may be related to the fact that I was just about to be served with a disorderly conduct/dv charge.


 


and also, when I was fired, the head of HR knew asked' have you been 'picked up' by [the local police department] this was in fact true, but I was taken to the hospital by them for an ex parte 2 motnsh before. Does the school district hr have a right to know this? I was not taken to jail, and it was an incident between me and an adult relative i was living with.

Expert:  TexLaw replied 1 year ago.
Thank you for your response.

First of all, you are saying that you voluntarily resigned, rather than being terminated. Assuming you could get around this legal hurdle, you would then be faced with attempting to prove that you were terminated because you filed a complaint that could be seen as regarding sexual harassment (regarding the drawing from the female supervisor).

However, the school district may terminate you for an arrest, even though it is unrelated to your job performance, unless you have a written contract stating that you may only be terminated for specific reasons. This fact will serves as a legitimate basis for your termination.

If you filed a claim that you were terminated because you claimed sexual harassment, they will counter with the argument that (1) you resigned, and (2) you resigned because you were arrested and they could have terminated you for that.

Nevertheless, it does not cost you anything to file an EEOC claim. I would suggest contacting the EEOC and filing a discrimination claim based on sexual harassment and retaliation for reporting. This may leverage the school district into either paying you a settlement or restoring your job.

You file the claim by contacting the local EEOC office. You may locate this office at: http://www.eeoc.gov/field/

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN
Customer: replied 1 year ago.

it was *not* an arrest though. I was simply transported to the hospital by the police because of a court order.

Expert:  TexLaw replied 1 year ago.
Again, this does not matter. If you are an at-will employee, they can terminate you for whatever reason they want. The law RARELY allows a wrongful termination claim in the US.

Your best chance lies in the EEOC complaint.
TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4164
Experience: Contracts, Wrongful termination and discrimination
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