Retaliatory Termination

[dustbin]

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

Was confronted on a Monday about my budding romantic relationship with a recently terminated co-worker (she was fired the week before) and told I was to stop seeing her because there was a chance she was going to file a sexual harassment case against my company, and they did not want me to provide information to her.

I was told this by 2 senior executives.

I told them I was, but would stop, seeing her as our relationship was new, and, my job and company were more important than this relationship.

The next day (Tuesday) I was fired, with cause, for violation of a company policy (not commonly enforced, and not commonly resulting in termination). I did not see this coming at all.

When I talked to the girl after my termination, we discussed how she was being quite badly sexually harassed by some senior executives at my company (asking her questions about her experience with anal sex, called into an execs office for the stated reason that he "heard she looked hot today" etc..). This was an ongoing practice at this company, allegations of sexual harassment of many employees had been floating around for a while.

The policy I violated was one violated by many other employees, and, enforcement of the policy in the same manner as applied in my case would have resulted in a large number of terminations.

The policy violation was also something my former boss (he left a few months earlier) had known and approved of over a 3 year period, in fact, I was actually asked to violate the policy on a number of occasions by my superiors.

I think the reason for my termination was pretextual and based on my involvement with this female, and, her ability to file an EEOC complaint. When she was fired I did complain to executives about it and was told not to worry since they would "get someone equally as hot" to replace her. I was not paid out my accrued vacation time, had my benefits immediately terminated and was escorted from the building. I was an exemplary employee and had no negative remarks in my personnel file. Do I have any recourse? This seems wrong.

 

[ecmst12]

Your recourse is to file for unemployment.

 

[csi7]

File for unemployment benefits. Florida Commission on Human Relations is another recourse of action reporting, EEOC file at same time. Do a timeline, find and gather all information documentation you have, list names, dates, places, people, and put it in a factual presentation. Your first week of unemployment is not payable, so file it this week. Keep track of your work search record each week, have a separate place for names that you contact and be careful of any person requesting information to answer only what is specifically asked. I am dealing with a EEOC complaint that I did on my own, and am finding out information on the redirect that is so far from reality, and it's from my former co-workers and management. Having the list of names you remember from the get-go will make the question/answer session easier to handle. It can take a long time for the redirect to come back, so be patient.

 

[commentator]

Filing for your unemployment has NOTHING to do with any and all EEOC issues, or whether you might join your new friend in an EEOC related suit against the company. It does sound as though your whole termination may be connected with her EEOC situation.

But in the meantime, you will need to file for unemployment insurance. Your statement about why you were terminated will be taken, your employer will be contacted, and a decision will be issued related to your unemployment insurance. ONLY.

THERE IS ABSOLUTELY NO CROSS REFERENCING between unemployment insurance and any other claims, suits, departments, issues...so forget about this being related or your approval for benefits being tied to the EEOC suit your friend and former co worker is filing. Except for the situation as you have told us here, that you think your termination is related to this EEOC situation, and what you were told by your employers at the time they called you in and the time they fired you for trumped up reasons.

Unemployment insurance approval is based on the reason you left your last job. Period! Because the EEOC has determined you are a victim of sexual harrassment, or because you were dating a person who has filed a suit against them, this is all related only as it applies to the reason you were terminated.

File immediately for benefits. In the meantime, you may want to explore the EEOC side of this issue.

 

[dustbin]

Thanks for the replies.

I'm sorry commentator, I'm not understanding, I've already started the process of filing for unemployment benefits. Sounds like there are two issues.
1. Unemployment compensation.
2. EEOC complaint.

I think the employer will probably contest the Unemployment issue. Do you have advice on how to deal with that?

Also, what are my options in so far as EEOC status?
Does it sound like I have a situation that EEOC would even bother with?

I understand my friend definitely has a valid reason for contacting EEOC.

Thanks so much for the consideration of this matter and all the great info!

 

[commentator]

Exactly the point I am trying to make. YOu have two issues. Almost totally unrelated. Filing for your unemployment insurance, having someone determined if the reason you left your job was disqualifiying. Then later, or at some time, you would contact EEOC and talk about the discriminatory circumstances involved in the termination of you from this company. How you feel you were discharged because of being an associate of the girl who was filing the sexual harrassment complaints.

But many times, I have seen people who have gone to EEOC first, they get the letter, saying they have a case, and they come in and that's all they want to do to get their unemployment insurance. They think because one agency has approved them for something, they should be approved for unemployment also. This is not the case. Unemployment must be worked out on its own pace, through its own courts and regulations.

If the employer contests the unemployment, you will have a hearing with both parties and an appeals referee present. Each of you will tell your side of the story. In order to keep you from drawing they have to prove that they had an excellent misconduct reason for termination you.