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  1. #1
    Join Date
    Apr 2015
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    2

    Default Fired Due to Sexual Harassment Accusations, Not Allowed to Defend Myself

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

    Is there ANY legal action that I still can take against this company? Several irregularities: harassment and hostile environment, fraud in work visa applications, fraud to customers and employees (which I witnessed and reported), defamation, etc.

    I’m a Mexican citizen. From 2005 to 2010 I worked for an American company. I obtained my first TN visa in 2005, renewed it in 2006 and 2007. In 2008 I obtained a H-1B visa. I worked for the Mexican subsidiary of this company prior to my employment in the USA, from 2004 to 2005, although I spent most of this time in the USA under the supervision of the parent company.
    I’m going to use bullets to list different irregularities. My worry is that it might be too late to act in most of them:

    - Since I started travelling to the USA to collaborate in projects for the Mexican market I received harassment from two employees of the Mexican subsidiary, the Engineering Manager –Mexican- and General Manager –American-, because I refused to lie in order to cover their incompetence and take part in the corruption scheme they were mounting. In this period they lied about my activities, faked my signature in documents, and asked for my dismissal to the CEO of the company dozens of times. The CEO said nothing will happen to me but never acted to stop this harassment.
    - In 2005 a young woman was hired to be my assistance, she was 18 years old and I was 27 at the time, we started to develop a friendship until I was accused by her of sexual harassment. After she realized I would be fired she retracted her accusations and accepted that her aunt, a religious fanatical had instructed her to accuse me because she didn’t approve our friendship and everything was a lie. I asked the CEO to take actions against her because I would be put in a more hostile environment due to people knowing of her accusations. He refused to act.
    - When I applied to the renewals of my TN visa I was in Mexico waiting for the documents, in both occasions I received them with a salary reported lesser than my actual salary. I applied with them since I didn’t have time to change them. Later I was offered to start the application to permanent residence still under TN visa. I refused when I learned I already had a labor certification with fake information on it –I was a project manager specialized in mechanical systems, the certification said I was a program developer-. When I applied to my H-1B visa fake information regarding my position and salary was again used. This lead to an argument with the responsible officials in the company but no changes were done to the documents.
    - I found and reported several illegal behaviors committed by employees of the Mexican subsidiary: multiple -fake- invoicing to charge more money that allowed to customers and then report less that collected to parent company; technical and legal documents with fake signatures of American officials, my supervisor and myself; double manufacturing of products by the Engineering Manager of the Mexican subsidiary in order to obtain knowledge of our products using the money assigned to the projects; payment of fake invoices to this same person for more than US$100,000 for subcontracting the same activities he was paid to do and did with money of the company. I reported all these and incredibly the CEO intervened to stop any investigation. I quit immediately, stupidly I was convinced to accept another position in different business unit of the same company. This was in 2007.
    - In 2010 I was fired in accordance with a co-worker I had dated for several months who accused me -again- of sexual harassment. During the interview with human resources and the CEO of the company I wasn’t allowed to defend myself of her lies and when I mentioned to the CEO that it was his responsibility for failing to act the previous time and allowing harassment to be imposed to me he ordered to the human resources official not to include my comment in the transcription of the interview and delete the record after finishing. I was fired and expelled of the facilities immediately.
    - They didn’t pay my travel back to my country as required by USCIS. They didn’t paid my complete vacations. The Mexican subsidiary refused to deliver the payment stubs they still owed me 5 years later and subsequently I found they deducted my taxes but only paid an small percentage of them, stealing the rest (this belongs to Mexican laws I just point it as another antecedent).
    - I have had problems finding jobs because of them. In 2012 they didn’t confirm my positions and salaries during a background check. I called human resources and they told me most of the information in my record was deleted so they transferred the interested parties directly to the CEO. In 2013 my ex-supervisor was also fired, he went from Vice President to HSE responsible in the shop before this happening. He was the only other person reporting the corruption in the company and trying to do something to stop it. In 2014 I spoke to him and he offered me a position in the company he was then working. A few days later, after speaking to the CEO of the first company, he retired his offer. He probably still has monetary participation in the first company.

    The CEO of this company has been forced into retirement since then, after a few months inquiry of his work. Before that he fired my ex-supervisor, transferred the business unit responsible of projects in Mexico to a partner company and blocked my move to work with my ex-supervisor.
    They are trying to destroy my career. In 2010 I had a car accident, I had neurological problems and later due to my dismissal and the way it occurred I experienced an emotional breakdown. That’s the reason I didn’t defend myself back then. I fought the neurological problems for almost two years and I keep fighting psychological symptoms today, but I’m pretty much recovered. I’m not interested in a U visa or a green card, I wanted to continue with my life but they don’t allow it. I want them to be responsible for their behavior.

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

    Default Re: Is There Any Legal Action That I Still Can Take Against This Company

    Too long and too difficult to read, but if you left this company in 2010, you're long since too late to file a lawsuit even if you had grounds for one. I don't know if you did or not because I'm not about to ruin my eyes trying to read that huge block of text.

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Fired Due to Sexual Harassment Accusations, Not Allowed to Defend Myself

    Quote Quoting j_olivier
    View Post
    In 2005 a young woman was hired to be my assistance, she was 18 years old and I was 27 at the time, we started to develop a friendship until I was accused by her of sexual harassment. After she realized I would be fired she retracted her accusations and accepted that her aunt, a religious fanatical had instructed her to accuse me because she didn’t approve our friendship and everything was a lie. I asked the CEO to take actions against her because I would be put in a more hostile environment due to people knowing of her accusations. He refused to act.
    Perhaps that was because he believed that she was withdrawing her allegations based upon her concern that you would be fired, not because they were false, and he didn't appreciate your attempting to repay her gift to you by getting her fired.
    Quote Quoting j_olivier
    In 2010 I was fired in accordance with a co-worker I had dated for several months who accused me -again- of sexual harassment. During the interview with human resources and the CEO of the company I wasn’t allowed to defend myself of her lies and when I mentioned to the CEO that it was his responsibility for failing to act the previous time and allowing harassment to be imposed to me he ordered to the human resources official not to include my comment in the transcription of the interview and delete the record after finishing. I was fired and expelled of the facilities immediately.
    When an employee is repeatedly accused of sexual harassment, it's not unreasonable for a company to protect itself by terminating the employee. Unless you have an actual employment contract that requires some level of due process, a collective bargaining agreement (union contract) or civil service protections, the employer doesn't have to be fair about it. They can fire you simply for being accused, even if it's the first time.
    Quote Quoting j_olivier
    I have had problems finding jobs because of them. In 2012 they didn’t confirm my positions and salaries during a background check.
    They don't have to confirm your positions. They have the legal right to decline to give references and to ignore requests for information from your prospective employers.
    Quote Quoting j_olivier
    In 2010 I had a car accident, I had neurological problems and later due to my dismissal and the way it occurred I experienced an emotional breakdown.
    Getting fired is stressful, and it can be worse when combined with stress from other unfortunate events in your life. But that does not mean you get to sue your employer -- statute of limitations issues aside, so far you haven't given us any basis to conclude that the termination was wrongful.

    To the extent that you have not done so, you can report their H1-B visa improprieties to the Department of Labor.

  4. #4
    Join Date
    Nov 2013
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    in alto mare
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    1,123

    Default Re: Is There Any Legal Action That I Still Can Take Against This Company

    Yeah that wall of text made my eyes cross.

    You have a pattern of volatile dating relationships with women you work with. You can't expect a CEO to retaliate on your behalf against someone who made a harassment claim against you. There are US laws that prohibit that. I recommend you move on. About the rest of your claims, consult an attorney versed in US labor law.

  5. #5
    Join Date
    Apr 2015
    Posts
    2

    Default Re: Is There Any Legal Action That I Still Can Take Against This Company

    Just to clarify, geek, and that is my point: I don't have a pattern of volatile relationships with women I work with. The second woman I mention is the only one I have dated that I worked with and the reason she went to say I was harassing her was because she knew that there was a precedent because the company never did anything to keep it private. I broke up with this woman because she tried to cheat on me with an ex co-worker. I spoke to him and he didn't know. He went to date her anyway but kept and eye on her and within a month he caught her cheating on him with three guys! He started the rumor at work of what she did and she decided I was responsible for her bad reputation because I warned the other guy of her behavior. Her accusation was her revenge. The revenge to the other guy was to call police to accuse him of harassing her at her home.

  6. #6
    Join Date
    Nov 2013
    Location
    in alto mare
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    1,123

    Default Re: Is There Any Legal Action That I Still Can Take Against This Company

    Quote Quoting j_olivier
    View Post
    Just to clarify, geek, and that is my point: I don't have a pattern of volatile relationships with women I work with. The second woman I mention is the only one I have dated that I worked with and the reason she went to say I was harassing her was because she knew that there was a precedent because the company never did anything to keep it private. I broke up with this woman because she tried to cheat on me with an ex co-worker. I spoke to him and he didn't know. He went to date her anyway but kept and eye on her and within a month he caught her cheating on him with three guys! He started the rumor at work of what she did and she decided I was responsible for her bad reputation because I warned the other guy of her behavior. Her accusation was her revenge. The revenge to the other guy was to call police to accuse him of harassing her at her home.
    Yeah okay...it's never your fault or never anything you might have contributed to. I get it.

    But five years later you aren't going to have much luck suing anyone for anything.

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