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View Full Version : was I or wasn't I discriminated against


squashed
10-13-2004, 06:48 AM
Well I dont know but I know we were both wrong,I worked for a security Co.in North Carolina at a military installation.I was a Lieutenant supervising a shift we worked 8 1/2 shifts.A female guard and I became involed in a relationship which leaked out and Coorporate got word and looked into it,well she and another woman were questioned but I wasn't.In fact I was out on med leave after surgery.No formal complaint was ever filed by her except to talk to the site manager and chief of guards.well we were terminated and this is where I think I was treated differently.I was told I was being terminated for violating two parts of the Company policies.1.sexual and 2.misconduct ie meeting on base.When I applied to unemployement I was turned down and she was approved.I got copies of paper work My company sent the unemployement and it listed the following.derelection of duty,an adulterious affair with another guard 2.disorderly conduct on and off duty 3.conducting personnal affairs during work4 engaging in harrasing or sexual activity while on duty. This was mine.Here is hers and shes married to 1improper conduct while on and off duty and 2.engaging in sexual activity while on duty.Well neither one of us had sexual activity while on duty.Seems I was being hammered more here,wouldn't the adulterious affair also apply this special treatment sure didnt help out in the unemployment line.Done wrong and is paying

LConnell
10-14-2004, 12:53 AM
You were treated differently but was it discrimination? I doubt that the actions of your former employer would be seen as discriminatory. Why? As the supervisor, your employer can hold you to a higher standard.

Some people who have been wrongfully accused of sexual harassment OR who were terminated without proper investigation by the employer can try to claim wrongful termination and defamation. However, your case is different in that you admitted to the relationship with the fellow guard. While the employer should have interviewed you during its investigation, they may have felt that your admission made the interview unnecessary. This is especially true if the others did not claim that you sexually harassed the employee and the emploeyr concluded that was true, on the basis of its original interviews. (It sounds like you were not terminated due to sexual harassment. Instead, it was because of your consensual relationship with a coworker/subordinate.) On the issue of defamation, you would need to prove that the information was given with malice AND that the information is false.

My suggestion to you is this:

1) Send a letter to your former employer, recapping the facts that you provided to me. You should also request that the records be modified to reflect that no sexual activity occurred while on duty and that the relationship was consensual. You may also wish to ask for an explanation of the comments made, such as the disorderly conduct accusation. Perhaps there is an additional situation that has not been brought to your attention. Ask for a response from them within 1 week. Send the letter via certified mail so that you can have a receipt indicating that your former employer received the letter.
2) File an appeal for the unemployment with the state, making sure that you bring a copy of the letter that you sent to your former employer and any letter that they may send as a response. You'll want to make sure that you show a good faith effort to clarify the matter with your employer.

Let me know if you have any other questions.

* Find more information on Equal Employment Opportunity-Discrimination.
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