Wrongful Termination

What is the name of your state?TX

My daughter was fired after only 45 days on the job. She went to HR and told them she was being harrassed. A couple of guys told them that yes they did say some things that might have been taken that way, but didn't mean for it to get that far. They are still working for the company. Another guy said that she gave him her phone number and her email address. She also tried to get down his pants and is pregnant from another guy. He is still working for that company. My daughter gave HR some names as witnessess. They never interviewed them. She also gave them my name, since I work here also and never interveiwed me. Why are those guys still here? They were never suspended from the company while HR was investigating the issue.

What can we do about this?

Nothing in the law requires that they be suspended. It can be a wise thing to do, but it is not required by law.

What reason was your daughter given for her termination?

They told her that she lied about it but a couple guys confirmed her story. It doesn't make any sense to me.

Okay, let me be clear about this. She is saying that she was sexually harassed on the job? The company did a cursory investigation which did not include interviewing her witnesses, and came to the conclusion that she was making the whole thing up? They fired her for falsifying her report? Is that what we're dealing with here?

She was being sexually harrassed at the job and went to HR. They interview the gentlemen and then fired her. They did not interview any of her witnessess. I don't even think they did any investigating into the situation. She told them on a Thurday and was fired the following Monday. Claiming that she gave the guys her phone number and her email address. Therefore falsifying her report.

This is what we are basically dealing with.

Okay, just wanted to be sure.

I think your daughter should call the EEOC and/or her state discrimination board and file a complaint of sexual harassment/illegal retaliation.

While not all investigations can result in the answer the employee wants (sometimes it's just a he-said/she-said issue and there's no way to tell who's telling the truth) it can be VERY risky to fire the employee who made the complaint. Every employee has the right to have their complaint taken in good faith and that did not happen here. Only a couple of days ago I read an article about a company that performed such a one-sided investigation as you describe, and it cost them big time because they by doing so they failed to uncover very relevant facts.

Based on the facts you've provided, I can't guarantee what the results will be but I think your daughter certainly has sufficient reason to believe the company did not treat her complaint in good faith and to complain to the EEOC of the treatment she received.