What are rights regarding a sexual harrasment case? 2 Answers as of July 19, 2011I was accused of asking a female employee if she was "attracted to me cause I am attracted to you" and when I asked how I could be fired for something thats not proven I was told that sides had already been taken by the owner and by the store manager (before I was asked any questions about it)and it was a choice to fire a great shift manager or have many angry female team members. I feel that this was discrimation because my employer was more concerned about the female employees take on the situation rather than get the facts before coming to any soloution on the matter. I was told by the store manager that the girl who claimed I made the statement to her also proceeded to share her side of the story with numerous female employees and that fact leads me to believe that they we more concerned with what the women thought instead of what really happened. Therefore, I feel this was sexual descrimination.
Law Offices of Steven A. Fink | Steven Alan Fink
CA is an at-will employment state. They can fire you for any reason or no reason, just not an illegal discriminatory reason. Their decision to have no unhappy employees by firing you versus having many unhappy employees if they kept you is not sex discrimination. You ran a risk by making a pass at a co-employee. You lost. File for unemployment and look for a new job.
Answer Applies to: California
Carnes Law Firm | William J. Carnes
You bring up issues that warrant consideration. If the employer disciplined you in a manner that would not have been placed upon a female employee under like circumstances, this may be actionable discrimination. There are various federal and state statutes and common law causes of action that you might wish to pursue in order to best serve your interests. These include, but are not limited to the following: breach of contract, oral and written, misrepresentation, negligent or otherwise, fraud, defamation, libel, battery, assault, slander, intentional infliction of emotional distress, workers' compensation retaliation, interference with an advantageous business relationship, negligent hiring, negligent retention, discrimination, claims or rights under state and federal whistle blower legislation including Sections 448.101-448.105, Fla. Stat., claims or rights under the Family Medical Leave Act ("FMLA"), Fair Labor Standards Act ("FLSA"), as amended, the Consolidated Omnibus Budget Reconciliation Act ("COBRA"), Employee Retirement Income Security Act (` ERISA") of 1974, as amended, the Americans with Disabilities Act ("ADA"), the Age Discrimination in Employment Act ("ADEA"), the Equal Pay Act ("EPA"), Title VII of the Civil Rights Act of 1964 ("Title VII"), as amended, the Florida Civil Rights Act of 1992 ("FCRA") Fla. Stat Chapter 760. There are one or more statutes of limitation for these causes of action. If you wish to pursue a claim, you must file the complaint prior to the end of the limitation period, or the claim will be barred. Many statutory violations have to be initiated through the proper administrative agency which is frequently the EEOC office and/or the Florida Commission on Human Relations. If you feel that your rights under these laws have been violated, I encourage you to seek redress with the proper agency as soon as possible. These have reduced periods of time during which an action can be commenced, or the cause action will be barred if not timely commenced. Please remember that many, but not all, federal discrimination claims must be filed appropriately within three hundred (300) days after the alleged act(s) of discriminatory conduct. Many, but not all, state claims of discrimination must be filed within three hundred sixty-five (365) days after the alleged act(s) of discrimination. The statute of limitations may be less or greater for other causes of action. While the EEOC/Commission on Human Relations administrative process can operate without the assistance of a private attorney, you may wish to retain private counsel to assist you in filing a claim. A privately retained attorney can assist in investigating the claim, recognizing the issues, identifying the defendants and drafting the charges. It is important to remember, however, that you must file the charges in a timely manner or the action will be barred. The date of these occurrences is very important and should be determined in order to avoid the statute of limitations. Unfortunately, this firm cannot render a competent legal opinion based on an unsolicited factual scenario. Your query requires more facts to allow for proper consideration by an attorney. A consultation with an attorney at this office frequently requires more than two hours of the attorney's time to complete. The attorney and the client meet to discuss the facts and review any documentation.
Answer Applies to: Florida