Will courts see throught this?

What is the name of your state? Vermont. When I was terminated it was within 20 days of the company moving me due to my threat of quitting due to the harassment and hostile environment they had me working in after putting a complaint in 3 weeks prior. I was out of work quite a bit from the headaches (very severe), and ulcers which acted up due to the stresses I endured. The company usually has your manager meet with you to warn you of any misconduct, with a warning to most employees. They did not treat me that way. They called me at home said I was out too much and had to let me go. They knew why I was out due to the stresses which caused my illnesses. I was not at the company a full year yet. My physician treated me for the severe migraines and the ulcer issue, but I never mentioned the sexual harassment to him. It was just so embarassing. This guy is still there. I am not. I have my doctor notes, but none bring up issues of the stresses of the harassment other than the therapists notes I was seeing at the time. I know they let me go because I became an issue and found a reason, as good a reason to some being out sick alot, the reasons are from the abuses. Will the courts usually see through this? Thanks Faith

See through what?

You were fired for unexcused and excessive absenses. You have not shown that your termination was a direct result of your filing a sexual harassment complaint.

so what are you REALLY looking for?

I was terminated two days after I spoke to my manager about being out so much due to the stress and coping issues of working around these guys. The manager knew I was out because of getting sick from months of these guys harassing me. Severe harassment. So your saying that it didnt matter how the harassment effected me at work, and that they can let me go even if it was the work environment which caused the problems?

Faith, I think you should consult with an employment law attorney. We don't have enough specific information about all the details of your sitaution but it's possible you may have a claim to bring for SH and retaliatory discharge.

faithnlve said:

I was terminated two days after I spoke to my manager about being out so much due to the stress and coping issues of working around these guys. The manager knew I was out because of getting sick from months of these guys harassing me. Severe harassment. So your saying that it didnt matter how the harassment effected me at work, and that they can let me go even if it was the work environment which caused the problems?

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No, I said you had not made a case for wrongful termination. In this case you would have to prove that you filed a complaint for hositle workplace and were fired BECAUSE of the complaint.

At this point, it's not an unreasonable inferrence though. If the company knew she was absent as a result of health problems caused by the harassment, then I suspect they made a very stupid move in terminating her employment.

Complaint was lodged with the company in May. I still was working in same area of harassment. The environment became worse when the harasser found out I complained, thats why the harasser was put on probation, then again I was out due to stress induced illnesses, upon returning back to work I was confronted by the harasser and his friends about my complaint to manager, not a fun night at work that night either. I was moved the next night at work when I begged management to or I had to quit. They moved me, but I was still pretty ill from past and now more stress issues. I was getting counseling through the company EAP program. I kept running into these guys even though they moved me, I was a wreck every night going into work just out of fear of running into them, plus the company forced me to still go and work in same area on some nights, and told me to suck it up. Boy did I get murderous looks from one of these guys. I was so sick I couldn't sleep, was depressed, and having anxiety attacks at work. My manager was aware of me seeking counseling, but I was fired two days after emailing my manager from home of my fears of repercussions for being out so much due to these issues. So that is why I asked if the courts usually understand stress issues of harassment and what people go through when harassed? Thanks, beth Faith

So that is why I asked if the courts usually understand stress issues of harassment and what people go through when harassed? Yes and yes. Frankly, I think you may have one hell of a claim to bring.

Beth3 said:

So that is why I asked if the courts usually understand stress issues of harassment and what people go through when harassed? Yes and yes. Frankly, I think you may have one hell of a claim to bring.

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I would disagree based ONLY on the facts posted, but take this to a local employment law attorney. The fact that they fired you for excessive absences is not automatically tied to the complaint but could be interpreted that way.

there just isn't enough relevant information to make that determination.

And the answer to the subject question is that it's too situation specific for us to say what the courts will do. Assuming it ever gets to court in the first place.

Thanks for your opinions.....its been a tough few months. still looking for work. God Bless and have a wonderful holiday all. Faith

It seems you would need to prove the relationship between the two. May be easy to do, maybe not depending on if the company has any documentation to show that they were considering action prior to you filing the complaint. They could (note i said "could") be guilty of nothing other than poor timing.

Acutally, it kind of sounds like they did you a favor. You're out of the bad environment now so move on with your life.

Timing? Yes there was timing...on their part. If you consider at least 5 managers were well aware of the harassment, and especially one manager aware of my stresses. (big company) Plus, how come I wasn't warned or counseled with in regards to my job being on the line (even if as you say "case of poor timing"), as they do other employees? I was only told to "suck it up." And as for timing, I e-mailed my manager of my fears of repercussions for being out due to these issues. I had no control over my emotions hitting me physically like it did. I feel instead of letting me go, they should of let him go, then I would not be in this situation period. Faith

Faith, I still think you have a heck of a claim to bring. See an employment law attorney asap.