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is it worth looking at a wrongful termination suit for sexual harassment when all of my employees are saying that they didn't feel harassed whatsoever and it was only the conclusion of the HR representative that triggered the termination? The rep was called in for a different matter, began interviewing various staff members, came to her conclusion, and then walked me out the door. My staff was shocked. This is for Fox Interactive Media/MySpace in particular. I know of several executives and senior managers who have done far worse things and yet no action has been taken...my staff has indicated that they are 100% behind me...
Submitted: 387 days and 15 hours ago.
Category: Employment Law
Value: $30
Status: CLOSED
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Optional Information
San Jose, California
Already Tried:
this just happened yesterday. I was walked out of my office, told not talk to anyone at the company, and then told this morning that I was terminated for creating a harassing work environment. I said that I disagreed with her findings, asked if she talked to people to ask them if they found it offensive, and she said she didn't need to ask that.
I then went and contacted many of the employees in question, most of whom I have prior relationships to before hiring them into myspace, and they all said that everyone in the office was shocked and surprised by the events that occurred. Myself included obviously. I actually feel that there is more going on here than what meets the eye.
to be honest, i'm not sure i can compete with the Fox lawyers, so I may just have to swallow it and move on :(
Posted by
JD 1992
387 days and 14 hours ago.
Info Request
I don't understand yoru facts and question. What was the conclusion of the HR rep? Do you feel you were sexually harassed or are you being accused of being the harasser?
387 days and 14 hours ago.
Reply
i was accused of being the harasser :( said comments i made in the work place were heard by others and they found it offensive.
it was basically like this: I was talking to one of my project managers. she uploaded a picture of her parents on their wedding day up to her myspace profile. (we work at myspace) I left a comment on her profile along the lines of 'what a hottie' in the evening. the next day we were standing around, and the topic came up. We started joking, oh yeah she was pretty cute when she was young (i know kayla's mom, monica) and then kayla joked back hey don't be talkin about my momma like that (wink wink). While not a great conversation, not something to use as a means to fire me, is it?
Posted by
JD 1992
387 days and 14 hours ago.
Answer
It certainly doesn't sound like it, but I'm not sure that you would have a cause of action or what it would be unless you were under an employment contract. You may be able to take the approach that they fired you because you made comments and they wouldn't have fired a woman who made similar remarks, but I'm not sure how successful that would be. Your cause of action would be sexual discrimination, and you would have to file a complaint with the EEOC first or your claim is barred.
Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.
Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR TEXAS ATTY” in the subject line and I will pick up the next time I am online.
387 days and 14 hours ago.
Reply
so in california they can just fire me anyway without cause, the reason/cause is optional, is that what you are saying?
Posted by
JD 1992
387 days and 13 hours ago.
Answer
I don't know that it is optional, they appear to have given you a reason. I think the reason is a little dubious, but I'm not sure that you want to invest the money into fighting this one, although you
may
be able to find an attorney who will take it on a %.
Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.
Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR TEXAS ATTY” in the subject line and I will pick up the next time I am online.
387 days and 13 hours ago.
Reply
does it help that everyone in the office (100+) would vouch for me, possibly with the exception of one or two people? i'll accept after this.
Edited by XXXXXXXXXX on 10/31/2008 at 10:13 PM
Accepted Answer
Certainly that would help. If the office overreacts when a man makes a comment but not when a woman makes one then that is reverse discrimination and supports your claim.
Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.
Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR TEXAS ATTY” in the subject line and I will pick up the next time I am online.
Expert:
JD 1992
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94.9 %
Accepts:
Answered:
10/31/2008
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