Termination after I submitted an harassment claim

Get Legal Help Today

 Secured with SHA-256 Encryption

Termination after I submitted an harassment claim

I submitted an harassment claim back in
August then another one for the same person
two weeks ago in October the following week I
got fired. Just want some answers to why and
what I did wrong.

Asked on October 15, 2016 under Employment Labor Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

First, not all forms of "harassment" are legal. Basically, only harassment due to sex, race, color, national origin, disability, religion, or age over 40 are illegal. If you are being harassed for any other reason--e.g. politics, hobbies, movies or literature you like, which state you originally came from, or simple personal dislike, for example--that is legal and you have no protections against the harassment...or against retaliation for reporting it.
If you were harassed for one of the above reasons and you reported it, then were fired, if the firing were in retaliation, that was illegal. But even if you reported illegal harassment, you could still be fired for an unrelated but valid reason, like absenteeism, provable poor performance, insubordination, chronic lateness, etc. Those other reasons would have to be real and supported by evidence--they can't just be pretenses--but if real, would allow your termination despite reporting harassment.
If you feel that you were fired only due to retaliation for reporting one of those illegal forms of harassment, contact the federal EEOC to file a complaint; you may be entitled to compensation.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption