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  1. #1
    Join Date
    May 2008
    Posts
    3

    Default Can You Be Fired for Sexual Harassment if Nobody Has Complained

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

    It is hard to explain the situation without telling the story, so here is the short.

    A co-worker and myself are very good friends. (Her being female, myself male)
    One evening, after getting off work, spending several hours at the bar she asked if i thought she was butch. I answered the question, not really butch but more one of the guys rather than one of the girls. Her response was to ask if anyone thought she was a lesbian. My response was simple, well are you? We laughed and joked about it pretty much all night, nothing to it as giving each other a hard time is a constant with us.

    Well, today i get to work, called into the office and find out that i have been terminated for sexual harrassment. I immediatly call my coworker(friend) and apologise and inquire why she didnt let me know the comment offended her. She (in tears by the way) said she filed no such complaint, and has absolutely no problem with our joking and the incident at hand.

    What had happened was, while speaking with one of the other women at work, she asked if she thought she was a lesbian, the womans reply was no, why? Laughingly she then stated that i had asked, and she was curious if everyone thought that. She left it there, thinking nothing more of it than girl gossip.

    The other coworker took it on herself to take the instance (out of context) to my boss, who informed me he had no other alternative than to let me go to avoid legal issues.

    There are no underlying reasons to let me go. I have worked here five years, run my department in teh black every year, and my raises and promotions speak to my value to the company. So there is only this reason alone to let me go.

    Now my questions are:

    1. Can i legally be terminated for sexual harrassment without a complaint from the coworker. And on that same note, can the second coworker file the complaint just from her conversation with my coworker.

    2. This happened off of the clock, away from work, after obviously way too many drinks together. Does it matter that it happened off the clock and away from work.

    My biggest concern isnt losing my job. I am very well qualified to replace it at any time, but my biggest fear is this reason i may have to give for termination on future resumes and the affect that it will have. I have worked with women my entire career, and know where the line is. But in a friendship where giving each other a hard time is a daily routine and after hours i never gave a second thought to that line, you can bet i will in the future.

    Any thoughts our advise will be extremely helpful and appreciated.

    Thanks

  2. #2
    panther10758 Guest

    Default Re: Wrongful Termination, Or Is It?

    Wrongful termination is termination that violates law, cba or employment contract. None of those applies here so unfair or not it was legal

  3. #3
    Join Date
    May 2008
    Posts
    3

    Default Re: Wrongful Termination, Or Is It?

    Although it was taken out of context, is it still sexual harrassment. Like i said, my biggest concern is the fact that looking for future work, that "sexual harrassment" reason for leaving will always stick, and keep me out of alot of positions. Do i have justification to fight it?

  4. #4
    panther10758 Guest

    Default Re: Wrongful Termination, Or Is It?

    How did you plan to fight this?

  5. #5
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Wrongful Termination, Or Is It?

    I don't see where you have any type of case - nothing illegal done by employer.

  6. #6
    panther10758 Guest

    Default Re: Wrongful Termination, Or Is It?

    Quite often the accussed in a sexual harassment case claims his/her somments were taken out of context. That does not change fact that they were or taken in a manner other(s) felt inapproiate

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Wrongful Termination, Or Is It?

    A wrongful termination means that there is a specific law which prohibits the employer from firing you for the reason they did. It does not mean that the termination was unfair and it does not mean that you were fired for something you didn't do.

    1. Can i legally be terminated for sexual harrassment without a complaint from the coworker. And on that same note, can the second coworker file the complaint just from her conversation with my coworker.

    Yes and yes.

    2. This happened off of the clock, away from work, after obviously way too many drinks together. Does it matter that it happened off the clock and away from work.

    Not even remotely.

    Sorry, but nothing you have posted comes even remotely close to a wrongful termination.

  8. #8
    Join Date
    May 2008
    Posts
    3

    Default Re: Wrongful Termination, Or Is It?

    Ok, thank you for your replies. My next question is do i have to be terminated? My boss stated that he does not want to, but has to to avoid legal issues. The coworker has filed no complaint, and does not want any action taken. Is some kind of repremand acceptable as long as all parties agree. There is nothing in our company policy that states terminatation. It says the proper action will be taken. If the coworker, employer and employee are all fine with the actions taken, is termination necessary?

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Wrongful Termination, Or Is It?

    That's entirely up to the employer. The law does not require it, but the boss is right that from the employer's point of view, it would be the fastest and most effective way of resolving any future legal difficulties. It's not just this case; they also have to think about precedent for any other situations that may come up in future. It is legal for him to fire you, even if not required.

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