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View Full Version : terminated 4 sh.. r u serious?


miller3355
05-16-2006, 03:18 PM
TEXAS: I was terminated due to accusations of sexual harassment. I was placed on suspension on 5/12 i was told that there were allegations (2) of sexual harassment against me. i was told by HR rep from corporate that they would investigate and let me know something on 5/16. I called 5/16 8:30 am to speak w/my boss and he stated he hasn't heard anything yet and he would call me back. i then waited till approxamately 12 noon and called again @ that time he said he was told to "let me go". I asked why he then stated to call corporate. If i needed more info. i did immediately after that call. When i called i spoke with the head of HR who then stated i was terminated for sexual harassment and that she had 2 written statements from people she wouldn't name. So i asked "that's it?... all someone has to do to get someone fired is write a statement alledging sexual harassment and a person can be fired?" "Without any questions for the person accused. Without any types of verbal or written warning anything?" She stated she not only had the statements but also that they did a background check and it came back with something on it from 1987. She said there was a felony - burgulary of a business. I then stated there is no such thing and if it was i would have never been hired in the 1st place. Not only that I wouldn't be able to work in the system (contractor for Comcast Cable) 2 years prior to working for Amtec. She then stated that well if i can prove that it wasn't a felony by going to the courts... I then said NO you need to show me proof that you actually have such information. She then asked me if she could look into something and call me back. i have yet to hear from her. Is this fair and can i do anything about this? What are my rights in this situation? please help me!!!

ElleMD
05-16-2006, 03:33 PM
You absolutely could be terminated for SH under these circumstances. You are assuming that all they did was read the statements and decide to term. I would doubt that is the case. They did not have to speak to you though often the accused is questioned during investigations. Even if they did not do a proper investigation it is not illegal to act hastily in SH cases. If the accusations are strong enough and the accusers credible enough, it is perfectly legal to act. It may not be fair, but it is legal.

cbg
05-17-2006, 10:49 AM
Your employer is not a court of law; they are not required to show you any "proof".

Brunton
05-17-2006, 12:29 PM
Just for my curiosity -

If one is indeed not guilty of sexual harassment (and can prove it) but is fired for it, can one file a wrongful termination suit against the employer?

cbg
05-17-2006, 01:19 PM
No, one cannot. A wrongful termination does not mean you were fired for something you didn't do. It means you were fired for a reason prohibited by law. The law does not prohibit an employer from firing an employee for suspected sexual harassment, even if the employer is wrong.

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