Hi Guys. I was cruising the net for legal aid and ran into your site. In my opinion, one of few well create it.

As stated above, I'm seeking opinions and recourses on what occurred to me. I Had worked on the hospitality business for the past 18 years. (Please forgive me if I'm posting on the wrong thread.)

For the past 9 1/2 years, I worked for one of the 500 Fortune Magazine listed company. During the last 6 months prior my termination, I witnessed a male employee performing Verbal Sexual Harassment against another male. My positon at this time was as Lead Security, as such, I proceeded to warn the individual of his behavior. Afterwards, I reported this to my Director, who told me he would look into it.

The harasser continued his behavior. With the exception that now he included me into it. He began accusing me on front of other employees of having a homosexual relationship with the other person he was harassing. This behavior continued until my termination. Every time this occurred, I informed my Supervisor, who in turn assured me that he would look into it, and that he had brought it to the HR table*.

The reason for the asterik, is to explain the reasons for me not to go in person to HR. For the past year prior my termination the hotel acquired a new HR staff. It turned out to be, in my opinion the worst one so far. They have lied to the staff an me to our faces. Any reports to Corporate agianst them will, and has come back with reataliation to the persons involved. I do not trust them.

The following incidents led to my termination.

While bending down to pick up a pallet, the above mentioned harasser passed by, and took the opportunity to SLAP my behind hard. When I confronted him, he justified his actions by claiming that my A** was his to do as he please. Why was I complaining to, since I was F***ng the other person, as he was, he had a right to my A**. Otherwise, what!?

Being tired of his actions, and to the failure of my employer to resolve the situation, I reacted, by pushing him. I proceeded to warn him. Went to HR and placed a complaint with them and related all of the above to my Supervisor, and to the harasser's Supervisor. The harasser did not. Nothing was done for 8 days working days. On september I was placed on suspension pending termination. On 9/12/05 i was fired over the phone, the reason for pushing another co-worker. When I ask regerading my claim, the HR manager informed they would look into it.

Called Corporate, it took another 14 days to even get a chance to appeal my case. Note on 9/12 I was terminated over the phone. Now they are telling me that I was not fired, ( no explanation as to why the length of lay off, Adm. leave, etc.) The Harasser was terminated once I called corporate, the re-hired upon appealing. My appeal was granted after 1 1/2 months of being fired. Which ended against. So far the employer owes me a holiday (I know fair pay and labor dept.)

I won the UI Court case, the judge stated that, I was fired for other reasons other than violation of the employer polycies.

My questions is...

Was I fired for reporting Sexual harassment (retaliation),
Wrongful Termination,
Discrimination???

Any advise will be appreciated, and thank you for taking you time in reading this.

Sincerely.

1coqui

You were terminated for shoving another employee. That eliminates wrongful termination.

Your story does not convey that you are a member of a protected class. It also does not convey that you were discriminated against for possessing any specific characteristic. That eliminates discrimination.

Having said that, you may have a valid sexual harassment claim if you have proof of your allegations and complaints to management. You could argue that the lack of action by your Supervisor and HR led to the situation causing your termination. Whether or not you truly have a valid case/claim would be up to your attorney.

Thanks for the quick response Tdpass.

Sadly the witness to my claims turned against me at the last moment. He lied under oath, Claiming that he does not knows nor does he knows me. The other person ( the one being harassed at the beggining told the thruth in my favor regarding all that had transpired).

Question, what about the UI Judge decision, The judge saw through my employer lies and that of my witness lies (we have worked, and know each other for the past 14 years). In addition, doesn't reasonable self defense accounts for anything? ( I just pushed the agressor, I did not engage in a fight. the purpose for this was to let him know I was serious about his behavior)

or- what if I can prove that the witness that turned against me is lying by presenting phone records for the past 5 years more or less. In addition to other witness of our other than co-worker relantionship friendship???

regarding protected class/ race??? I'm Black Latino, from P.R. only one on premises.

Again, thank you.

Unless the treatment was because of your race or nationality, and as at least one other was treated similarly that would be hard to prove, it wasn't in violation of those laws. As you reported SH many times without being discharged, it doesn't stand to reason that suddenly they had a problem with it and fired you. 99% of employers would have done the same for shoving a coworker.

If your complaints were not being handled at the local level, you should have taken it to the corporate level. Unfortunately, shoving the guy was not a good move and there is just no excuse for it. He was a jerk. That doesn't give you the right to shove him back. Two wrongs do not make a right.

I have no idea what phone records have to do with your allegations, particularly phone records of someone other than the harasser.

Bear in mind the UI judge isn't there to assess anything other than whether you entitled to benefits. Winning UI does not mean your employer lied or that you have a case for wrongful discharge or anything else, other than the reason you were terminated wasn't one that would disqualify you from getting benefits. If you were fired, it is amost certain that you would qualify even if they had a perfectly legal and valid reason for doing so.

You may have a case for SH but it would be hard to prove at this point. If you want to pursue this I'd contact a lawyer asap.

Thanks for posting ElleMD.

While I know that it is not the case, please don't think of me as a bad person looking to pin this to the my past employer. It is just that I warned my supervisor so many times. Corporate in the past have done nothing for the employees, therefore the lack of trust. I enjoyed working in hospitality, as much as I was recognized several times as an exemplary employee. New staff, 10-15 years younger, and everything is cloak and daggers.

My actions... It is my believe that they were a reaction. Afterwards I reported it. I know that this does not justify the two wrongs. So, how many times must a person be wronged until he gets off of the high road?

By curiosity, Let's say I was a female, and reacted as such. Would any one have believe her. I say this due to the HR staff reaction, Including executive mgmt.

It is indeed agreed by most people I have speak with, that the guy was a jerk. However, why HR did hire him back when he was the agressor???

I'm hoping for a fair treatment??? you bet! However it seems that the fair treatment would be the short end of the stick for me. From the begining I feel that I have been treated as a criminal, HR has even falsified statements I did not stated nor signed. In the meantime the agressor is re hired, full benefits, clean record. Yes, I know, take the high road. I will.

Sorry, being unemployed for defending yourself does make a person sensitive, in my belief. I apologize if I'am being a jerk.

Thanks for the input. It is appreciated. I'll take both of your advice and start looking for a lawyer. Please don't hold back any other input any of you might have.

Sincerely

1coqui.

I suggest that you contact EEOC or your state human rights agency and discuss your situation with them. If you want to pursue this, you will have to file a charge with one of the agencies, even if you have an attorney. Besides, talking with EEOC/state agency is free.

If you complained about sexual harassment by a co-worker and management didn't take appropriate action to end it, you probably have a claim against them for allowing a hostile work environment. It's curious that they initially only fired you for striking another employee and didn't fire him for slapping you, and then rehired him when he appealed but not you. That might be illegal disparate treatment because of your SH complaints or race/national origin.

In California, sexual orientation, or perceived sexual orientation, is a protected catagory. Being harassed because you are gay, or because the harasser thinks you are gay, is actionable, although the termination may not be (no, you are not entitled to defend yourself by pushing back.)

You should file a claim with the Department of Fair Employment and Housing.