Is it discrimination on the basis of gender if I am fired because my boss' wife was threatened by my looks?

[Skylar91]

EDIT: Deleting as I don't want my work to find this.

 

[zddoodah]

I was pulled into a meeting with HR. They asked me a bunch of inappropriate questions.

Such as?

Prior to the interview, I contacted the managing partner at the previous firm and asked him what I should say. His advice was to deny anything about what happened at the previous firm

So...he advised you to lie? Interesting.

you can't be fired based on unsubstantiated rumors.

This is quite untrue. You can be fired for any reason and can legally be fired for anything that is not expressly illegal (which unsubstantiated rumors are not), unless you fall within one of the few exceptions (which you likely don't).

HR asked if it was true that my letter of reference did not disclose I was in a romantic relationship with the writer or that I was fired. They also asked if it was true that I assaulted a lawyer's wife previously. I said all of it was completely untrue and someone was out to sabotage me. (Yes I know I lied but I don't see any way that they can ever prove that I had affairs or not or what happened with the lawyer's wife when they all happened in private quarters, and I don't see how it's relevant to my current job anyway).

Well...for starters, a good investigator could probably find this thread, and I'd be willing to bet the lawyers you used to work with won't lie under oath if it comes to that. More importantly, they don't have to "prove" anything to anyone. Also, your opinion about relevance is...well...irrelevant.

my understanding from speaking to the previous managing partner (he does not do employment law so he was only able to give me the basics) is that they can fire me after my probationary period is over however they have to pay me in lieu.

Pay you in lieu of what? Since you're not a union member or a civil service employee, you can be legally fired for any reason that is not expressly illegal, and your employer will owe you nothing other than pay for time worked. The only remaining exception would be if you have an employment contract that limits your employer's ability to fire you or requires certain post-termination compensation.

If I am fired do I have basis for a human rights case for discrimination on the basis of gender?

No.

Can what I did at my previous firm be held against me even though I have not done anything at my current firm? Can they use unsubstantiated rumors and gossip to fire me?

You can call them unsubstantiated all you want, but it's not like any of it is untrue. Yes, the numerous bad acts relating to your prior employment would be legal grounds for firing you from your current job. These are predictable consequences of the acts you described.

 

[adjusterjack]

Do you have a real employment contract with your current employer? If so, what does it say about termination for cause?

 

[cbg]

Assuming you are fired, you are not being fired because you are female, you're being fired (if you are) because you lied (by omission at least) on your application. In an at-will state, which is every state except Montana and even includes Montana in some circumstances, you can be fired for any reason except one which specifically violates the law. Nothing you have posted suggests that any potential firing would be in violation of the law.

They asked me a bunch of inappropriate questions

Given the fact pattern you describe, I doubt that they are inappropriate to their investigation.

you can't be fired based on unsubstantiated rumors.

Yes, you can.

Yes I know I lied but I don't see any way that they can ever prove that

They don't have to have proof. You can be fired on suspicion, too.

they can fire me after my probationary period is over however they have to pay me in lieu

Not in these circumstances, they don't.

 

[Zigner]

You were fired because you're a toxic person.

 

[AlmostThere]

If you are worried that your reputation is following you to a new employer, it may be time to move across the country or find a different field.

 

[Zigner]

If you are worried that your reputation is following you to a new employer, it may be time to move across the country or find a different field.

Agreed - and the OP might also want to lose the vanity.

 

[stealth2]

I'd be willing to bet the lawyers you used to work with won't lie under oath if it comes to that.

I'd also bet that the wife who was assaulted would have no problem substantiating that event.

ETA: I am curious, though @Skylar91 - how would you substantiate that you were fired (assuming you are) that it was due to your fabulous good looks?

 

[Skylar91]

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[Skylar91]

Do you have a real employment contract with your current employer? If so, what does it say about termination for cause?

It says that I can be fired for any reason during probation with no severance pay, but if I am fired without cause after probation that they have to pay me one month salary for every year I worked there. I have worked there since September.

 

[Skylar91]

EDIT:

 

[Skylar91]

EDIT

 

[stealth2]

So if a lawyer's wife is threatened by her husband having an attractive assistant she can just make up a bunch of gossip and rumors about her previous place of employment that aren't true and get her fired?

How is it a lie that you assaulted one of the wives? Just because you weren't charged doesn't mean it didn't happen. Plus - she already knows her husband cheated, so he may well be more than happy to corroborate the affair. HR at your current job already knows that you lied when asked point blank - do you *really* think they don't know the truth? Do you *really* think they'd be taking the actions they're taking illegally? At the end of the day? They don't want you bringing your drama to their firm.

I know I sound vain and I don't mean to be.

Right. But here is a clue - there are likely quite a few women (or men) 1000s of times more attractive than you.

At the end of the day, if you get fired? It's not because you're a woman. Gorgeous, ugly or anything in between.

I do wonder - does your "contract" have a morals clause? Or is there something similar in the employee handbook?

 

[AlmostThere]

Since the situation is hostile - why do you want to stay there? Move on and find another job.

 

[adjusterjack]

If you get fired, it won't be because of gender. It will be because your previous behavior makes you a risk to your employer. You're tainted just like a salvage title makes a car undesirable for purchase.

You may have to go into business for yourself for a few years until all this blows over.