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Ask Daniel Kokhba Your Own Question
Daniel Kokhba
Daniel Kokhba,
Category: Business Law
Satisfied Customers: 56901
Experience:  Partner at Kantor Davidoff
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I recently until yesterday, worked for a global corporation.

Customer Question

I recently until yesterday, worked for a global corporation. I was the victim of sexual harassment by a prominent member in my office in the early part of this year. I went to my General Manager, who at first wanted to keep it within the office, (due to fear of losing money at the loss of this person) but then went to corporate as he should have. I had witnesses, and this person was terminated after a very brief investigation. Needless to say, this was very traumatic for me, and I have suffered a great deal. A friend of mine at the time told me that they legally could not fire me for 18 months. I was afraid that since I reported him, I would be targeted.
Yesterday, I was summoned to the office of my general manager who told me that I was being let go due to budget cuts. He wrote me a performance recommendation letter and stated to me that I was a outstanding employee. I am floored. Do I have any recourse?

Any truth to the 18 months?

Andrea @[email protected]
Submitted: 8 years ago.
Category: Business Law
Expert:  Daniel Kokhba replied 8 years ago.
The employer cannot retaliate against you for filing a sexual harassment complaint.   

Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964.   

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment.
If the employer will not address the problem, the next step is to file a complaint with the eeoc. see
When investigating allegations of sexual harassment, EEOC looks at all of the facts and make a decision on on a case-by-case basis.
Customer: replied 8 years ago.
Ok, but you see they believe they did what they were supposed to by firing. I am being told I am being let go because of the budget, not enough overhead to pay me. Is there any truth to the "18 month" non firing clause? I was told that they must retain me and cannot fire me for any reason for 18 months following his termination. That was my question.