Wrongful Termination

[brown8434]

Hi,
I believe that I was wrongfully terminated and I would like to know if I could have a case against the company. I was let go on 9/11, my employer stated it was due to the lack of work. I found out on 9/21 they had hired another individual to take a position I was more than qualified to fill. I believe and I have heard from other individuals in the company that I was let go because I had posed for playboy and the pictures leaked out. Also I have heard it was because my ex boyfried was harrassing me and he works for the same company and they chose him over me. My former employer knew that he was harrassing me because they looked at his phone records and saw how many times he was calling me but they did nothing about it. Do you think I have a case?

 

[LeeHarveyBlotto]

Did you complain to HR about this harassment?

 

[commentator]

If they gave you a "lack of work" lay off, you are darn lucky. This was NOT a termination, wrongful or otherwise. You were let go because they said they did not have work available for you. This could mean anything. And you immediately sign up for your unemployment benefits. And they do not contest said benefits.

Sort of a mutual no-fault divorce. It will never show up anywhere except that you were laid off due to lack of work, which meant that in one thousand million cases, the employer was running into hard times and let someone go, or in maybe your case, it just wasn't working out and they wanted to hire someone else. But either way, you got a no-fault freebie. Now, you go file for benefits and find another job.

By the way, I don't see how you could ever prove they know you posed for Playboy and laid you off for this reason. If your former boyfriend was harrassing you, you might have a sexual harrassment claim against the employer, but I'd definitely would file for my unemployment first off.

 

[mlane58]

By the way, I don't see how you could ever prove they know you posed for Playboy and laid you off for this reason.

How about someone buying the magazine and seeing the pictures.

 

[LeeHarveyBlotto]

Forgot to mention that this thread is worthless without pictures.

 

[pattytx]

Forgot to mention that this thread is worthless without pictures.

You little stinker.

 

[cbg]

I believe that I was wrongfully terminated

Then you believe wrongly, based on what you have posted.

Also I have heard it was because my ex boyfried was harrassing me and he works for the same company and they chose him over me.

From whom did you "hear" this? Grapevine rumors are more often than not, not worth the paper they're printed on.

My former employer knew that he was harrassing me because they looked at his phone records and saw how many times he was calling me but they did nothing about it.

The number of phone calls is not, in and of itself, evidence of illegal harassment.

I don't see anywhere in your post that you complained to HR or upper management about him. Did you?

Do you think I have a case?

Not unless there is more to your story than you have told here.

 

[>Charlotte<]

How about someone buying the magazine and seeing the pictures.

That could prove they knew she posed, but it wouldn't prove that's why they laid her off.

I don't see how you could ever prove they know you posed for Playboy and laid you off for this reason.

 

[cbg]

And if it IS why they laid her off, it's legal.

About the only prayer of a claim she has is the sexual harassment issue, and only then if she has more than the fact that her employer knew how many phone calls her ex made to her. That's not even close to enough the "knew or should have known" standard.