Let go after being ill

[faithnlve]

When there is a charge of sexual harassment. And the stress of the harrassment has caused illness where the person is out of work getting treated, and prior to being out was moved to a new area, can the new manager just fire them? The old manager knew the stress from the months of harassment made this person sick, and gave this person extra time after all vacation was used to get better. But, the new manager says he let the employee go because of being out so much. Isn't it still the responsibility of this new manager to of at least met with the employee before firing them, due to the situation?? thanks Faith

 

[rmet4nzkx]

Did the employee file am EEOC comlaint or W/C claim? FMLA?

 

[faithnlve]

No, not long enough at company for family leave, there only 9 months. And workers comp? How can I get workers comp for being sexually harassed? I went through EAP program. I filed with Attorney General which is how it is to be done in our state of VT after being fired. I never expected to be fired. The attorney General said I did not have a prima faci case for sexual harassment, because I did not report it in time, it was reported 2 months before I was let go. The AG office also claimed that the company did not discriminate against me for firing me since it was not the old manager who fired me. I was in new area for aproximately 3 weeks and had an ulcer attack. I was the one that begged the company to do something, since they just put me back in area of harassment, and these guys confronted me on my complaint to manager. I did say move me or do something, but I didn't mean to move me where they did. The new area I had to go through new training to get re-certified on tools I never used. I hated that, but now was stuck since I am the one who requested to be moved out of desperation. Can they fire me like that?

 

[cbg]

Evidently they can. There is no legal obligation for the new manager to "meet" with the employee before firing them.

 

[faithnlve]

So I have no defense? Seems as if the issue of the harassment was not appropriately dealt with. I suffered physically from the harassment, so why should I be liable for being out? I would never be going through what I am if not for the company just getting rid of the harasser or moving him, so I would not be required to go through complete training in an area I knew nothing about nor knew anyone, and still at times forced to work in the same area as the harassment took place. Plus this guy didn't get disciplined just warned and that didn't stop him either. He found out I made the complaint and confronted me. Thats why I broke down, I had no protection. These harassment laws dont mean a thing if it is allowed to keep happening and nothing happens except to get rid of the person harassed. I may of been moved, but I still needed time to adjust and felt isolated, like I was the one doing something wrong.