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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15471
Experience:  Employment/Labor Law Litigation
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I was working with a guy who bullied me, sexually harassed

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I was working with a guy who bullied me, sexually harassed everyone, he just made everyones life miserable. I complained about him and I told my boss he was just a lawsuit waiting to happen if they didn't stop him. I was asked if I planned on sueing the company and I said I didn't know. I was then asked to write a letter saying I wouldn't sue them. I refused. I was fired two days later. I am sueing them and they said that they did fire me because I didn't write the letter and sign it. Isn't that retaliation? They admit in a letter to the investigator from EEOC this is why they fired me, aren't they nuts to admit this? I didn't plan on sueing them until they fired me. They totally protect this guy and another employee was fired who complained about him and he is also in a lawsuit against this company. The owners live in Oregon, the facility is in Las Vegas, the owners come down everyone three of four months, this guy who is the Chef does what ever he wants and when the owners are they he is Mr. perfect he is so fake and is filthy dirty. But my main questions is can they fire me for not signing a letter and writing a letter saying I wouldn't sue them? Aren't they stupid for admitting this is why they fired me in a letter to my investigator from EEOC? I know I can ask him but I wanted an answer sooner than before I can talk to him. Thank You, Sandra
Submitted: 11 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 11 months ago.
Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.

I would agree that it is foolish to terminate you for refusing to sign a letter saying that you will not sue them. Now, whether or not it is retaliation under the laws protecting you from termination for a complaint about discrimination, that may be another matter.

Retaliation, as a lawsuit, comes from a termination for making a complaint about illegal discrimination. Certainly, your complaints about the sexual harassment directed at others fits into that category. Terminating you for refusing to agree not to sue them then can be seen as a form of retaliation for your complaint about that person, particularly if the harasser is still employed by the employer.

So, the real issue is what you were being asked to not sue them over, in this instance your complaints about discrimination being committed by this person.
Customer: replied 11 months ago.


My lawsuit against them is for sexual harassement, retaliation and for discrimination for comments this guy made about my disability. They also told me I had to drive the bus I was not told this when I was hired and my job description did not say I had to drive the bus, I provided a letter from my doctor saying I was not able to drive the bus I have foot drop in both of my feet. I did indeed give them a letter from my doctor saying so, they say they have nothing on file. Also they said I was fired for spreading rumors about the Chef, which is a total lie. He did indeed make comments about my disability and sexually harassed not me but others. They tell their employees not to talk to me and the other employee also sueing, they tried to settle out of court with him but he refused their $3000 offer for sexual harassment, they wouldn't try to settle with me, so it went into investigation. Me and my co-worker have more than enough evidence on them and my investigator is shocked that this Chef is still employed by them. One attorney here in town said if I did or didn't sign a letter saying I wouldn't sue wouldn't matter in court but they say right in the letter to the investigator that is why they fired me because I wouldn't write and sign a letter saying I wouldn't sue them for the sexual harassement, the charge of discrimination.


 

Expert:  Allen M., Esq. replied 11 months ago.
Ok. Yes, on these facts, they've violated the laws against retaliation and discrimination.

Now, it is common for an employer to not settle before the EEOC investigation, because the EEOC is not a court. They can't force the employer to do anything. The EEOC will just find "cause" to support the discrimination claim, and use that to try and pressure the employer into settling.

Then the employer may start a settlement process, but even that will be limited because the EEOC can't MAKE them do anything.

The EEOC will then give you a right to sue letter and you'll sue them in Federal court. Once there, the employer will attempt a "summary judgment" motion to try and have the claim kicked out entirely. These are true tests of the facts of the case. If your claim gets through the Summary Judgment motion (and from what you've said, I think it would), that's when an employer really starts to negotiate for settlement in earnest.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15471
Experience: Employment/Labor Law Litigation
Allen M., Esq. and other Employment Law Specialists are ready to help you
Customer: replied 11 months ago.


Thank you for your responses, it helped a lot. I am trying to log into my account to pay but it keeps telling me that another user has my email address, so I don't know what to do? Do you now anything about the site? And if it isn't using the email I have then what email address are they using to let me pay you and write to you?

Expert:  Allen M., Esq. replied 11 months ago.
I show that I've been paid, so I think we're fine.

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