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I'm in the state of Maryland. I was let go from my job back…

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I'm in the state...

I'm in the state of Maryland. I was let go from my job back in June 2017. I received unemployment. Before my Firing I told serval Managers of my harassment. I even have evidence of a coworker actively trying to have me fired or demoted when such actions are not in her job title. This same employs investigation lead to my termination. I complained to HR a month or so before and during my lay of time. it was never addressed. I believe they assumed unemployment was good enough, I loved my job, and with a termination now on my employment history I'm finding it hard to explain. I am still out of work six months later. is there anything I can do? Erica Goode

Lawyer's Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?

When the termination first happened, they responded a few days later stating my manager would contact me. I received a termination letter a few days after that. I contacted unemployment, unemployment determined I should no have been let go,

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

At will. the unit has a union and I contacted them I never received any call back. I should mention I was a supervisor so I've seen count less employees not in the union represented by the union, in times like this, that's why I called them,

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have over a years of paper work that I obtained before leaving of the harassment I suffered I wrote everything down. I have every write up, every letter I sent my general manager. Myself my GM and DM had a meeting with after I couldn't take anymore and contacted HR the first time, I was yelled at by my DM told they thought I could handle things like a professional and keep my complaints in house. I was even reminded that the Manger I was making he complain about was the same person that hired me, as if I should just take the harassment. I was fired two months later while on vacation,

Submitted: 6 months ago.Category: Employment Law
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12/21/2017
Employment Lawyer: legalgems, Lawyer replied 6 months ago
legalgems
legalgems, Lawyer
Category: Employment Law
Satisfied Customers: 13,617
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Employment Lawyer: legalgems, Lawyer replied 6 months ago

So to be clear you were let go for reporting harassment?

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Customer reply replied 6 months ago
I was let go after my phone was stolen and a search was done by the company’s security. I followed all the steps I knew to follow and was let go on false allegations that were found unfounded it just so happened to be one day after telling my General manger about the harassment and abuse of power I was still suffering from with my manager. This same Manger lies a few months before and reported me as abandoning my shift. My general manger had began my termination process at that time. If not for me having evidence that I was being lied on I would have been terminated on April 19 2017. My General manager had to contact HR after the first Attempted termination to let them know I have been lied on. This same manager who would try to have me fired two months prior was able to conduct the investigation which led to my firing.
Employment Lawyer: legalgems, Lawyer replied 6 months ago

Thank you for that clarification.

Unfortunately the employment relationship can be terminted by either party with no just cause - pretty much for any reason, so long as the reason is not illegal. So in order to have a case for discrimination or wrongful termination or hostile work environment, the employee must have been victimized due to his/her status in a protected class, including race, gender, religion etc.
Categories are explained in detail here:
https://www.eeoc.gov/laws/types/
This explains harassment, which is the basis for a hostile work environment claim:
https://www.eeoc.gov/laws/types/harassment.cfm

So to summarize, harassment must be based on one's status in a protected class.
If there is discrimination, the employee may:
1. file an EEOC complaint here:
https://www.eeoc.gov/employees/charge.cfm
2. bring a civil suit for hostile work environment, alleging that the employee was harassed due to their status in a protected class. Damages may include lost wages, pain and suffering, even punitive damages designed to punish the defendant.
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Employment Lawyer: legalgems, Lawyer replied 6 months ago

If a person is wrongfully accused of theft or dishonesty then that may give rise to a wrongful termination lawsuit. In that case it would be important to hire an attorney to process the paperwork.

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Customer reply replied 6 months ago
No I wasn’t wringfulinh accused. I was stolen from. Then lied in and told I actually did a search of employees when I’d never touched or told anyone they had to be searched. Lastly Mangers intentually trying to have you fired. Writing false reports to have you terminated on multiple a counts is not illegal. Like as simple as she left and abandoned her shift. Having it written up and it’s totaly untrue. And nothing happening to that manger is legal? That isn’t a hostel work place. I went to work everyday not knowing if I was still going to have a job. I over heard plots to hand employs lor on me. I would go to hr and Mangers about it and I was mad to be to sensitive or heard it wrong.
Employment Lawyer: legalgems, Lawyer replied 6 months ago

Untrue allegations that lead to termination would be considered "wrongful termination".

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Employment Lawyer: legalgems, Lawyer replied 6 months ago

This is the definition of harassment:

Harassment is unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information

It must be based on status in a protected class.

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Customer reply replied 6 months ago
Okay thank you for your help and quick responses. Much success to you
Erica
Employment Lawyer: legalgems, Lawyer replied 6 months ago

You are most welcome.

I hope this is resolved quickly.

Happy holidays to you and yours. Take care!

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