Recent Feedback
Hi, I was fired from my first job in March and I would like you advice on seeking legal action. I was recruited by a very large agriculture company out of college, and secured a supervisor position at one of its packaging plants. However, soon after I was hired one of my unilateral supervisors kept asking me to go out with him. I like to keep my work and personal life very separate so I would try to evade the requests and/or never give definite responses in attempt to keep things light at work. One Friday, I was actually given a evening off and the same employee insisted I hang out with him. I replied that I would call him if I find some time. Later that evening, I received a phone call from him stated that he was up the street from my apartment and was ready to hang out. Against my better judgemnet I went to grab a bite eat with him. The next week, he insisted that I come out with him on his birthday. I decided not to return his calls and ignored him that following weekend. (Part1)
Optional Information: State/Country of Question: Georgia Already Tried: When I came back, the employee was hostile and asked me about the times arrive and explaining that he has been tracking the times I came to work using the security guard (who is notoriously inaccurate) and made and inappropriate remark about my personal plans. Well, I reported the Harassment and then was reassured that the issue would be resolved. I was later asked to sign a letter indicating I should come in a certain time. And subjected to bullying and a hostile environment. I never received an official evaluation and I was suspended then terminated for sitting in my car during my lunch break. During the time before I was terminated the same guy was later giving authority over me. What should I do? Do I have a case?
Please continue with your story. If you have put that in the "Already Tried" section you can ignore this request, I should be able to view that shortly.
I reported to HR and they were aware the this employee had a history but no one ever reported him. So after the investigation they just told he would not be a problem. I was still pleasant and cordial but I was being harrassed about the time I was coming in when that was not an issue. I would always come 15 mins early to prepare for my shift and the implored that I come in 30 mins early and asked me to sign a sheet indicating as such. I know the other supervisors were not required to sign. They often came late to work. I even had weekly meetings with the HR coordinator to report how everything was going. I was the only female supervisor. She knew and stated that there was a problem with the "boys club" attitude.
So what ultimately lead to you getting fired? What happened next?
One morning I was called to HR and was told that the security allegedly observed me sleeping in my car for an extended period of time. I replied that I was in my car for lunch break and I was not feeling well and was listening to music. And I added that I did not extended the hour lunch break time alotted. I was a salaried employee. So they said that they would investigate and I was suspended pending investigation. A couple of days later, I was called back and told that based on the incident and prior attendance issues I was terminated. I was only their 8 months and never received an evaluation or demerit in my files
It sounds to me that you may have a good shot at a retaliatory discharge claim and that it is worth pursuing with a local employment law attorney. A retaliatory discharge is a form of wrongful termination. Under several federal laws, it's illegal for your employer to fire you for exercising your rights, such as filing a sexual harrasment complaint with HR. However, proving retaliation is not a walk in the park and I would not attempt it without the assistance of a skilled and experienced employment law lawyer. The lawyer will help you prove (1) that what he did qualified as sexual harrassment and (2) that you sleeping in the car was not a legitimate reason for firing you, but an excuse to cover uup the retaliation. JA experts are not permitted to have outside communications with JA customers. However, you may be able to find an attorney to assist you in your area by going to www.martindale.com. Please click “ACCEPT” so I may get credit for my time. If you have a follow-up question or two, I would be happy to address it for you at no additional charge.
Thanks for the reply. I have some questions. This happened in Georgia an "at will" state. Does that play a part? Also, what about filing a charge with EEOC would that be helpful?
The "at will" state does not exempt them from liability for compling with federal employment laws. You will need to secure a lawyer to assist you even with the EEOC filing because the EEOC process. On the surface, the EEOC process appears to be one that is supposed to assist employees in such instances. In reality, it has turned out to be nothing but yet another procedural roadblock for you to get your day in court. In reality, what should happen here is that your lawyer should be able to extract a quick settlement and he may take your case on a 33% contingency fee basis so you do not have to end up paying him $200 per hour.
Okay this my last question. Thank you again. I am uncomfortable with settlement talk but I do want the company to be reprimanded for wrongdoing. Do you have any advice on settlement requests (amounts if any)?
That is very difficult to say and requires a very indepth understanding of where both sides would stand on the facts and the law after a period of discovery. What I meant by quick settlement is settlement short of a full blown trial. Also, the wrongful discharge claim may entitle you to punative damages if you can prove at least some nominal damages for losing your job. The other components are going to be what is your projected income if you had stayed with the company for say the next 5 yrs vs. now what your income will be since you have to find another job that may not pay as much. There are just too many unknowns to make this type of determination at this point.
Experience: 13+ years experience in civil litigation, jury trials, and business law;