HI -

I was "let go" by Microsoft Corporation (in TN, where I worked from my home) for "performance" last year, May 19th. I know I have 300 days for ADA and the other things under the EEOC however, one issue I have is sexual harrassment on the part of someone who was MADE by my boss "help" me. This was an ongoing even that lasted until I left, however the main proof I have is when he tried to (I hate to put this in a note) get me to give him oral sex when we were in Dallas for a mandatory meeting last February. He admitted it in an email in November of last year and even offered to go to HR -- but he attempted to kiss me after that, said nasty things on the phone, etc until I was let go, and kept saying I "owed him" -- now what I was originally going to the EEOC for was 1- ADA - I am bi-polar and had taken a LOA and my accounts were ignored and when I got back my boss stayed on me, harrassing me to find another job (my parents died a year and 3 days apart, I took the LOA because of delayed grief) -- 2 - retaliation - I was fired less than two weeks after my boss's FRIEND in HR found on his side in a complaint I had against him which included Sexual discrimination and NOT taking an issue to HR -- it's one big fat mess. I have every email to back it up, I went through a process AFTER I was fired with HR in Redmond and THEY USED the tainted investigation to find in Microsoft's favor. My stats were never compared nationally, ot to other women, or to anyone else -- just MY team, which was unfair. So I need some guidance - is it too late to take what I have to the EEOC or a lawyer? HELP!! (thanks)

The EEOC's website says: "A charge must be filed with EEOC within 180 days from the date of the alleged violation, in order to protect the charging party's rights. This 180-day filing deadline is extended to 300 days if the charge also is covered by a state or local anti-discrimination law. For ADEA charges, only state laws extend the filing limit to 300 days. " For more information, you can read the eeoc's website at: www.eeoc.gov (http://www.eeoc.gov).

I called and in TN it is 300 days so technically I have until March 14th. I still think I need to obtain a lawyer -- any advice on that? I am not sure the EEOC will do anything HOWEVER I did get a lovely response from HR in Redmond wanting to talk to me...

I would talk with the HR Department. I'm sure that they take these types of complaints seriously and they will do whatever they can to assist you. You don't need an attorney to file a complaint with the EEOC or to talk with the HR Department. However, if you are more comfortable in doing so, you may want to.

By the way, how did the HR Department know to contact you?

I forwarded the admission of guilt to the HR person, and several key players in MSFT, and this was the HR person in Redmond who did the second "investigation" using the materials from the complaint against my boss, and he seems pretty anxious to talk to me. I am sure he wants to know why I didn't bring this up the last time however, at that time I still thought the guy who did this to me was an "ally" and he had me convinced I needed him if I went to court for retaliation and the ADA thing... He even said in his email his saying " You owe me" was just a "joke" -- no, to me it was not, and I was really stuck plus I already had two complaints that weren't taken seriously, I never thought this guy would ADMIT what he did.... and in EMAIL at that, so MSFT is apparently taking it seriously. I just don't want it to go past March 14th, my 300th day or I can't go to the EEOC, I can still FILE a suit but It'd be better even with a letter of consent from them, you know? This is a big convaluted cluster... and my SSDP (yup I'm gay too! Does NOT help in TN and is NOT part of this, although it was told to me by the guy who did this to me that it made HIM uncomfortable AND my boss -- but obviously not TOO uncomfortable, you see)... I have not wanted to deal with this -- It all started when I came back from an LOA -- I lost my Mom & Dad a year and 3 days apart and got temporary "custody" of my mentally ill (totally nuts) brother who really made my life hell, THEN I was assaulted by someone I know and the local sherriff's office wouldn't do anything about it (all within a 6 month period). SO, add it all up and I am one big basket case... It reads and sounds like a bad TV movie, unfortunately for me there is SO much it's UNREAL. BUT I have proof of everything about MSFT, I kept every email, and file and I still have it ALL. And of course proving the tragedies about my parents is rhetorical, and nothwithstanding I am on record as being Bi-Polar, and March 23rd when the FDA sent the warning about the depression meds, I TOLD HR and my Boss I WAS ON most of them during the time they say I was not performing well, yet my reviews are of course FINE. BUT they didn't compare my reviews or stats with anyone outside of MY TEAM, nobody else at MSFT (my Team was #1 in statistics, how unfair, even with me being so BAD, we were #1). Sorry, went off on a tangent there... they know because I sent them the proof. To warn them and see if HR WOULD get in touch with me... And they did...

You can proceed with the EEOC complaint while you are waiting for the HR decision.

I am going to be there tomorrow at 8:00 AM when they open... Two+ Inch file in hand, plus the bullet-pointed summary and timelines. :) I have everything all ready except re-doing the bullets to include the sexual harrassment part, so I am going "loaded for bear" as we say around here :) Thanks for your help, I'll let you know how it goes...

You should amend your EEOC complaint IMMEDIATELY to include sexual harassment. If what you say is true you seem to have a very good case. If you are not happy with Microsoft's response and possible settlement offer as as a result of your EEOC complaint, I would let it runs its course. Eventually, you will likely end up in EEOC mediation. Companies start to put their best offer forward at EEOC mediations.

I would strongly encourage you to get a lawyer before filing an EEOC complaint. While individuals certainly can file complaints on their own, it is not recommended.

I have been trying since I got fired to find a lawyer, but I think since I am adding the sexual harrassment part it should be easier, apparently in TN there aren't many willing to go up against MSFT. Go figure. I live with a 13+ year veteran Cop and I will file myself then find one if I have to, there is free legal help available here. Since I have been "blackballed" at all of the major companies by the MSFT sales people (yup and told so too when I tried to interview at a large company here) -- I started my own business but we're still nowhere near the $ I was making with MSFT. I can't afford to move even with moving assistance AND my really disabled brother is here and I can't leave the area, or won't, really shouldn't -- I am qualified to be a CIO but I am taking side jobs with consulting companies as a Consultant, which is ridiculous, but the short jobs pay well. :) Sigh. Off to downtown I go...

They took my ADA complaint, the Sexual Harrassment and wrongful termination, I find out Monday if the EEOC is going to represent me... :) I was THRILLED they took the ADA part, that was my biggest thing -- I went t them repeatedly about it and nobody would listen to me! Will let you know if I DON'T get a call Monday -- that's how they said I'd know. If they CALL me that means they are not taking it and giving me the right to sue letter.

Let's keep our fingers crossed. Please let me know if you have any other questions.