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Question
I was terminated from my job for sexual harassment for me and my wife having a threesome with someone that was considered a subordinate to me. There was no claim of sexual harrassment made by the other party and there have been atleast 4 cases of blatant sexual harassment at my place of work with other staff members which did not result in termination. do i have a case worth pursuing for wrongful termination
Submitted: 338 days and 15 hours ago.
Category: Employment Law
Value: $15
Status: CLOSED
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Accepted Answer
The company is protecting itself from a "potential" suit. The problem is that the suboordinate employee could conceivably argue that they were pressured into the relationship, either directly or indirectly. Here's what they would say "I thought that if I said no, I would lose my job.
You company could argue that you acted inappropriately. However, I think that this would still be ruled as a discharge for their convienence,
While I don't think you have a wrongful termination claim, you should still discuss this with a local employment lawyer. There is no substitute for that.
I hope this helps.
Please press accept and leave some feedback when you get a chance.
Len
Expert:
Len
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Answered:
12/19/2008
Lawyer
15 years experience in employment and criminal Law.
338 days and 14 hours ago.
Reply
during the investigation the other party informed the investigator that she was not pressured in any way as a matter of fact she bragged about the encounter to another employee and that employee informed the administration does that make a difference
Posted by
Len
338 days and 14 hours ago.
Answer
That does make a difference in terms of potential litigation, but the move by the employer is typical.
Here's what the problem comes down to. Without a written employment contract or union membership, the company, and you, were both free to terminate the employment "at will". That means for a good reason, bad, or no reason.
The rest of my previous answer still applies.
Take Care,
Len
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