If I was terminated by a superior with whom I filed a harassment claim against, do I have any rights?
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If I was terminated by a superior with whom I filed a harassment claim against, do I have any rights?
I was told I was being terminated due to longevity (I had been there longer than those who were kept on). After questioning, I was then told I was being let go due to the lack of parent requests (I know I had requests and in fact, the people kept on received complaints). The campus director who terminated me, then simply said, “I don’t know” when I gave evidence that her previous reasons were not true. The director had friendships with the people who remained at their position. I had filed a harassment claim 3 years ago against the directois also the one who terminated me.
Asked on July 15, 2011 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If you were fired in retaliation for having previously filed a harassment complaint, you would likely have a cause of action for improper termination--employees may not be fired for having filed or brought to management's attention a legally protected claim or complaint. The issue will be whether you can show that was the reason--you could be terminated by this supervisor for unrelated reasons, such as poor performance, violations of rules or policies, customer (or parent complaints), absenteeism, etc. You should consult with an employment attorney, who can evaluate the situation and advise you as to the strength and value of any potential claims, and then file an action on your behalf if appropriate. Good luck.
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