Can I press charges on my employer for wrongfully firing me after filing a harassment claim?

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Can I press charges on my employer for wrongfully firing me after filing a harassment claim?

I was terminated a day after I filed a sexual harassment claim on a fellow female employee. I was pulled into the office by the manager and screamed at. He was screaming profanities at me for 5 minutes. When I tried to remove myself from the situation and continue working I was fired promptly by him screaming “Get the F… out of here. You’re F…ing fired!” What can I do? They also are fighting my unemployment so I can no longer afford to put a roof over my families head.

Asked on November 9, 2010 under Employment Labor Law, Wisconsin

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Get thee immediately to a labor lawyer.   You cannot be fired as retaliation so the employer can save money from any sexual harassment lawsuits that may come from this behavior of either the employee or manager.  You also have a perfect reason why they are fighting your unemployment.  They want to ensure they fired you for cause so that you do not qualify for unemployment.  Stick to your story with the unemployment benefit examiner and immediately get a labor lawyer to help you file a lawsuit. 


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