Unlawful termination?

[Username15]

I was employed in Nevada, an employment at will state. The week I returned from FMLA leave I filed a formal complaint with upper management regarding my direct supervisor harassing me and was then laid off a qeek later when I was pulled in to finalize the investigation. Just wanting to see if I have a case for unlawful termination?

Edit: I had also reported to upper management previous instances of harassment with my direct supervisor before going on leave.

 

[Zigner]

What was the reason given for your termination?

What "harassment" did you report? Perceived "harassment" alone doesn't mean much.

 

[Username15]

Reason given was that the business had slowed and that they were laying me off as a result because there was no longer a need for my position.

Previous reports of harassment were negative sexual comments towards me, as well as about others. The most current one was him physically preventing me from leaving a room when I was uncomfortable.

 

[Eekamouse]

Reason given was that the business had slowed and that they were laying me off as a result because there was no longer a need for my position.

Previous reports of harassment were negative sexual comments towards me, as well as about others. The most current one was him physically preventing me from leaving a room when I was uncomfortable.

WHy were you uncomfortable? Was he hitting on you? Were you alone in the room? Were you two having a meeting? Why were you uncomfortable?

 

[Username15]

I'm sorry, but I do not want to share too much detail on a public forum. I will set up an appointment to talk to a lawyer. I appreciate the time and willingness to help.

 

[Taxing Matters]

I was employed in Nevada, an employment at will state. The week I returned from FMLA leave I filed a formal complaint with upper management regarding my direct supervisor harassing me and was then laid off a qeek later when I was pulled in to finalize the investigation. Just wanting to see if I have a case for unlawful termination?

No way to know without more facts. If the real reason for termination was what the business claims — a slow down in business — then that is not a wrongful termination. But if the real reason was instead because you used FMLA leave or because you complained about possible sexual harassment, then that would be a wrongful termination. The timing of the firing certainly can make the employer look bad unless it can offer some evidence to support its claim as to why you were fired. Your idea to see an attorney about it is a good idea.

 

[commentator]

Agree, in non union "at will" situation, employers frequently use a slowdown in business as an opportunity to let people go who are perceived as problems or who are making complaints. There's no law that says they have to lay off according to seniority or that they have to be fair in doing it.
However, if your complaints had any genuine ground for a suit related to sexual harassment and they used this opportunity to get rid of you instead of dealing with the problems, you might possibly have something to go on with an attorney. You are wise to run this by one.

The one mistake you might make, that I will counsel you about, is that you also need to file for unemployment immediately, never mind the possible issues. You will want to have signed up for your unemployment insurance benefits, and will have a clean simple claim, with not making any issue about your reason for separation other than you were let go due to lack of work for you. (They do not exchange information with any other agency such as the EEOC and they do not deal with possible wrongful termination issues.)

And this is what you'll use to sustain you for any week you are unemployed as you first talk to an attorney, possibly pursue legal action, and move toward finding another job. If there is a legal case it will be a very long time before there could be any possible resolution or settlement, and unemployment insurance is designed to be an immediate small replacement income for you in this type of situation.

 

[cbg]

This is as Maybe a situation as I've seen on these boards. Tax has summed it up pretty well; if the employer was telling the truth about the reason for your termination that's legal; if it's because you took FMLA or reported sexual harassment it might not be. Were other people let go at the same time?

 

[Username15]

Thank you so much! I'll file for unemployment immediately. I was the only one let go.

 

[cbg]

If you were the only one let go, that does not prove, but does lend credence to the idea that the termination was really about your FMLA and/or sexual harassment suit and not due to a business downturn. Definitely see a lawyer.