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What are my options? Florida

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  • What are my options? Florida

    In March I filed a sexual harassment claim with my company regarding my supervisor. It was handled by the EEO officer and things got better. Throughout my 3 year employment with the company I have had issues on and off with the same supervisor, since the sexual harassment claim things have been worse. In August he called me into his office and told me that if I had anymore personal phone calls at work that I would be fired but I had never been reprimanded for phone calls before. The same day he started asking me questions about my pending resignation in December to return to school, I told him I would have an answer by October. 2 weeks later he came into my office, revoked my "flex" schedule that I had been given by the owner for attending school, told me emails were being monitored and that if I sent another email I would be fired, once again, I had never been reprimanded. I resigned 2 days later effective date 10/16 because I felt/feel that I was being forced out of my job and they let me go today 9/16 without severance. I have never been written up or formally disciplined. What are my options?

  • #2
    There is no law that requires an employer to pay severance pay. Whether or not severance pay is given is purely up to the employer.

    Severance pay is generally given when an employee is terminated through no fault of their own. (downsizing, mergers, ect)

    You resigned. Everytime a persons given their notice, they should consider that it could be their last day.

    An option is to file for unemploment, though it is not likely you will be approved, it is always worth the try.

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    • #3
      I'm having a bit of a problem with your post.

      In March I filed a sexual harassment claim with my company regarding my supervisor. It was handled by the EEO officer and things got better.

      I have had issues on and off with the same supervisor, since the sexual harassment claim things have been worse.

      Before I can even attempt to help you, I need you to reconcile these two opposing statements because it makes a difference how to approach things.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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      • #4
        Sorry- I should have clarified. The sexual harassment (remarks and such) got better but he began picking on me for other things.
        I copied the records from the sexual harassment claim yesterday before I was terminated and discovered that when confronted about his remarks by the EEO officer he claimed that I was intoxicated at work and I cried sexual harassment to take the attention off of me but I was never confronted or drug tested. According to the notes taken by the EEO, my supervisor had a file he referred to as "(my name) Events", I have suspected for some time that my supervisor was making false statements and accusations behind my back to the owners of the company but never bringing them to my attention in an effort to get me fired. When he began (out of nowhere) approaching me and stating that I would be fired for things (emails, phone calls) despite never having been reprimanded I felt my resignation was forced. It was either bow-out and have my dignity or he would continue to make false statements and I would get fired.
        I understand that there is no Florida law concerning severance pay but is there any legal action I can take?
        He built a case against me by making false statements and I was never allowed to defend myself which eventually forced me out of my job.
        I was also told the day before I was let go that if I would "go quietly" I would get a good reference for future employment.

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        • #5
          If you believe that your supervisor's behavior was in retaliation for your making a sexual harassment complaint, you can file a claim with the EEOC, assuming that there are 15 or more employees overall.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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