I need to know if I have any ground to state on

[DSten09]

What is the name of your state (only U.S. law)Nebraska

I need some help with this because its starting to negatively affect my life. I was working for a Securities Brokerage Firm and had been working there for three years. I was something of a manager in my department. I was accused by another employee, who had a reputation of trying to get individuals who she felt she didnt work well with in trouble with HR, that I was making sexual remarks and gestures to her during the work. This was after the fact that she got a temp to hire removed stating that this individual and I were acting inappropriately at work and that I was giving her special treatment which was also not the case.

Basically she made a complaint and signed a statement then had one of her female friends sign a similar statement and I was terminated from employment. They state that they did an investigation however they were not able to share any details with me about what all the investigation entailed just that it was done I was in the wrong and needed to be let go. When I made the statement I didn't make any kind of sexual gestures or comments the HR rep simply stated oh yes you did we know you did. There is no actual physical evidence that I was engaged in any type of sexual harassment activities because it never took place. Now as a result since I hold Finra Licenses I cant get another job in the same field due to the fact that when they terminated me it went on my u-4 as termination due to violation of company policies. I have already lost two job opportunities because of this and I fear it will continue unless I can either find a way to fight this or change career paths and I believe that I shouldn't have to change careers due to an incident that never occurred. So again I ask do I have any ground to stand on?

 

[commentator]

It sounds to me as though you have the right to file for unemployment insurance, and if denied initially, you would appeal. At this point, the company would have to present, and you would get at least to see any evidence of your wrongdoing. They would have to present at least credible proofs of some sort to keep you from receiving benefits. You would get a pretty good idea whether they did or did not have anything valid.

As far as their being sued for anything else other than unemployment by you...well, I can't answer that except that I sort of doubt it. Slander, perhaps? Usually with terminations, unemployment insurance is about as good as it gets unless you can show that you were terminated for a reason related to EEOC such as age, sex, national origin, all those. It sounds from this point as though they wanted to terminate you, so they decided they had a good enough reason, and they did. Which they can do.

 

[DSten09]

I think I did that already I filed for my unemployment benefits and they came back at me saying what the company said I did and it looks like all they had was just some signed statements, at least as far as I know though they really couldnt of had anything else because there wasnt anything that I can think of, thats all that was presented to the unemployment office. They called asked if I wanted to deny the accusation I said yes and a week later I had my unemployment check. I would assume if they had anything more than that I could not of made my claim... Is that correct?

 

[commentator]

I don't have a time frame for how long ago this has happened. But when you received that unemployment check, you should, then or at sometime very close to then, have also received a letter stating that your benefits were approved and for what reason."...the company failed to produce adequate documentation of the alleged wrongdoing" or something similar.

Then there is a three or four week wait to see if they are going to appeal this decision. If so, you will be notified that you are to appear either in person or on the telephone at a hearing with the employer also present. In this hearing, they would be presenting any compelling evidence they have that you were fired for a good misconduct reason. This is where you would be able to see exactly what they do or do not have.

You're right. Unproven statements may not be enough. Though I was once involved in a case where the fellow accused of sexual harrassment denied very convincingly and it was only the weight of the combined testimony of the 22 women he had touched inappropriately that sunk his claims of innocence.

But in the meantime, I'd be moving on here, looking very diligently for other jobs in my field, not spending too much time on how these people have ruined your life. If this was, as I suspect, just the employer looking for a reason to terminate you, they've done it.

Actually you cannot sue, you don't have ground to stand on concerning your termination unless you could somehow twist an EEOC related issue out of this, get the EEOC commission to agree with you, and get a letter allowing you to sue. This would take a lot of time and effort and might not come to much in the long run anyway.

So moving on is the way to go. You may have to work around what they give as your reason for termination, but if you get another job soon, this will be a non issue next time.

 

[cbg]

you don't have ground to stand on concerning your termination unless you could somehow twist an EEOC related issue out of this, get the EEOC commission to agree with you, and get a letter allowing you to sue.

It would take a minimum of six months to get the right to sue letter, after which you would have 90 days to file a lawsuit, and who knows how much time then before the lawsuit actually occurred. Then, even if you won (and there is no guarantee that you would) there is no telling how much you would be awarded and how long it would take to collect it. If you ever did.

 

[DSten09]

Its not even really that I'm looking to sue. The problem is when I go to apply for a new job in my field because of what happen I can't use my FINRA licenses because when they submit the u-4 it comes back as my employment was terminated due to violation of company policies then I have to explain what happened and its been the same story every time. Since the jobs I am in the field for require my Finra licenses they will run it every time and then decide that I'm no longer qualified for the position.

And in this instance there was no touching or inappropriate action of any kind the complaint was simply I said something of sexual and suggestive nature.

I've long since received my benefits and there was no appeal.

 

[cbg]

So, what is it that you DO want?

 

[quincy]

DSten, you did not say how long ago you worked with the Securities Brokerage firm, but if it was within the last year, then you potentially have a defamation action you could bring against the employee who filed the false complaint against you. In Nebraska, you have one year from the date that the defamatory statement was made to file suit.

Because the complaint itself was privileged, you would have to show that, not only was the complaint that was made against you false, but that the complaint was made with actual malice (a deliberate intent to cause harm). This is not an easy proof, and it is complicated by the fact that the complaint was investigated and found to have enough merit to warrant your dismissal.

I suggest you consult with an attorney in your area, if you are within the statute of limitation's one year period for filing suit, to see if a defamation action would be worth your time and the expense of pursuing. The attorney you contact can subpoena a copy of the investigation for review, should the attorney advise you that your suit has merit and should you decide this is an avenue you wish to explore.

Good luck.

 

[DSten09]

I just want this accusation pulled or overturned or something so I can go out have them run my U-4 and not have to get turned down from a job because of a bogus sex harras charge.

Would the only way to do that to be to sue?

 

[DSten09]

Thank you everyone for your input I feel I got some good information to go off of now. I really appreciate your time.