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  1. #1
    Join Date
    Oct 2010
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    3

    Default Retaliatory Termination for Complaining About Harassment or Looking for Another Job

    My question involves labor and employment law for the state of: CA

    I worked at a law firm that hired and promoted attractive women above me (a man). I later found out at least one of the women was having an affair with the office manager. I tried to find another job because they would never let me have any of the good openings despite having better qualifications. They fired me after my resume responded to an anonymous job posting that they had out. Do I have a case of retaliation?

    I objected to the unfairness of the candidates that they were hiring and promoting. What is the statute of limitations? Is there a case of criminal prostitution because the woman had an affair for consideration of better job duties?

    Also, they were sued by another party and lied in their response to the court. If they end up losing (the case is still pending), can we follow up and get them for perjury? People say I am unreasonably upset but I don't want other people to have to go through what I went through. The firm lies and says they are an equal opportunity employer.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Retaliatory Termination for Complaining About Harassment or Looking for Another J

    "Retaliating" against you for looking for another job is not illegal.

  3. #3
    Join Date
    Oct 2010
    Posts
    3

    Default Re: Retaliatory Termination for Complaining About Harassment or Looking for Another J

    Quote Quoting cbg
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    "Retaliating" against you for looking for another job is not illegal.
    Do you have an opinion on employer doing that? If I'm in a similar situation where I'm habitually overlooked for opportunities, what do you think I should do? Quit on the spot and try to sue the employer while trying to find work?

    Quote Quoting antrc170
    View Post
    Maybe. A lot is going to depend on what evidence you have that two people were engaged in sexual relationship before the hiring interviews, how much more "qualified" for the position, etc. Also taking into account how long you worked there, performance, etc. The biggest question of all is what is the reason they gave you for your termination?
    They said I wasn't doing the work that they asked me to do. I asked them to elaborate but they didn't give me any details. In my opinion, I was doing good work and the exact work that they asked me to do. To be fired for this reason with no notice and no severance really angered me. How long do I have from the termination?

  4. #4
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,043

    Default Re: Retaliatory Termination for Complaining About Harassment or Looking for Another J

    What cbg advised is not a matter of opinion, it is fact. Employers are legally allowed to fire their employees for seeking other jobs elsewhere simply because there are no laws anywhere in the US that prohibit this.

    While being fired for a stupid or incorrect reason would certainly make some people very angry, it is not illegal. At-will employment means that employers are perfectly within their legal rights to fire their employees for any reason, including bogus reasons, without notice and/or severance pay. Since no laws have been broken, you cannot sue for anything, in any time frame.

    You may have a claim with the EEOC for being passed over for more attractive women. When you approach the EEOC about this, the EEOC will require you to present documented evidence that these women were hired/promoted specifically because they are female, and documented evidence that they were unqualified for the positions they were being hired/promoted into.

    Finally, about pressing criminal prostitution charges against the office manager who had an affair and then received some kind of career boost - that's entirely up to the police, not you. If you want to give your local cops a good laugh, go tell them this story.

  5. #5
    Join Date
    Sep 2010
    Location
    Oklahoma
    Posts
    695

    Default Re: Retaliatory Termination for Complaining About Harassment or Looking for Another J

    Maybe. A lot is going to depend on what evidence you have that two people were engaged in sexual relationship before the hiring interviews, how much more "qualified" for the position, etc. Also taking into account how long you worked there, performance, etc. The biggest question of all is what is the reason they gave you for your termination?

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