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January 19th I informed my manager that an employee was

January 19th I informed...

January 19th I informed my manager that an employee was touching me and making advances towards me that were unwelcome I was told they would talk with the employee. So now instead of being overly nice and inappropriate with touching this employee turned mean and so did his brother who worked there also. Weeks went by and I tried to move past everything even being uncomfortable at work and the mean harassment continued I told my manager again and 2 days later I was fired .. I feel as tho I went from being sexually harassed to then bullied I now have no job and no money for a lawyer but I do feel as tho something needs to be done

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Wisconsin

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Part time I was a waitress at a small business restaurant and this was a cook

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

The cook chased me out to my car and pulled on me to kiss him I pushed him away and another day he took my phone and took pictures of him self I got mad at him and told him never to touch my stuff again .. every time he would pass me he would try and hold my hand or put his arm around my waist then when he turned to being a bully he told me to leave and that no one needed me there . When the owner fired me she told me he had a right to say that to me ?

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Answered in 3 hours by:
3/3/2018
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,558
Experience: Significant experience in all areas of employment law.
Verified

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

It seems as though you were fired in retaliation for reporting sexual harassment, which would be against the law. Your recourse would be to file a complaint with the EEOC, which is the federal agency that investigates such violations. The EEOC will investigate and attempt to mediate a resolution with your employer. That not forthcoming, they will either file a lawsuit on your behalf or issue you a "right to sue" letter, which will enable you to sue in civil court with the assistance of an attorney.

See here to locate attorneys who can represent you on a contingency fee basis (meaning no up front fee).

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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Customer reply replied 5 months ago
When I was let go the reason I was told is that it was noticed I was t happy there anymore and the owner can’t have her employees threatening to walk out .. I never said ever I was going to walk out. I realize at this point it is my word against theirs the only thing I can do is provide a witness to the behavior of the cook that was doing all the harassing is this enough?

The problem as I see it as that being able to disprove what your employer is saying was the reason for your termination doesn't automatically prove race discrimination. It's one thing to be terminated for a reason that is unfair or untrue, but it's another thing entirely to prove that the underlying TRUE reason is your race. You need specific evidence of an intent to terminate you because of what race you are, which again means some variation of the types of evidence I have described above. Put another way, you can't simply say "I was terminated for an untrue reason, therefore I was terminated for my race." There is a missing piece there, and it's the proof that your employer was actually motivated by race.

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Customer reply replied 5 months ago
I’m confused, does this seem like it would be case worth opening ? I was a great server I never had any Disciplinary actions taken against me I always worked all my shifts and was on time for all of them I got great reviews for the restaurant online naming me personally in them. The manager is the one that was taking my complaints for me about my aggressor. And the owner is the one who let me go after my manger told me they would talk to the owner and try to hash out the problem when I tried to tell the owner as she was firing me on the phone 59mkns before my shift after the bullying I was told no that the gentleman in the kitchen were sweet and then she cut me off

My apologies--due to a glitch with the website my response above was actually intended for another customer. lease give me just a moment to properly draft a response to you...

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I apologize for the confusion here.

To respond to you properly, you can still allege retaliation. Being terminated for not being "happy" is an extremely weak reason for termination, as is terminating someone who never threatened to walk out because the employer is scared of walkouts. Furthermore, the only reason you were unhappy is due to sexual harassment.

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So yes, there is definitely still the possibility of a solid retaliation case here.

Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,558
Experience: Significant experience in all areas of employment law.
Verified
Patrick, Esq. and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 5 months ago
Thank you for your time and advice

You are very welcome. Again if there is anything more I can do for you just let me know. It's my pleasure....

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