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Last week I was let go at my job.

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Anonymous

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Last week I was let go at my job. They refused to tell me why they were letting me go. This came after I made a complaint that one of the bosses made me feel uncomfortable because he was always grabbing his self around us(the women). They told him I made the complaint and he retaliated by firing me. I know that's why I was let go because I've had A+ performance and no complaints since I started with that company. I've never had trouble getting a job. I've always been able to get a job within a day. I've only had one call back from the 50 application I put in and when I asked the woman why she thought I wouldn't be a good fit she said call your previous job. I was confused, why would I do that. Come to find out they are saying bad things about me to keep me from getting a job. I work in an "AT-WILL" state. Also I still talk to a handful of people from there and was told yesterday by them that they were told not to speak to me and if anyone gets caught talking to me they will be fired? I don't think any of it is even legal. I need advice on what to do.

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  1. Anonymous

    First, I'm so sorry this happened.

    Second, it sounds like it was an unlawful termination, and could very well result in a lawsuit. The fact that multiple sources were told if they spoke with you, then they too would be terminated, is illegal. Even in an 'At-Will' state, the law clearly says that the person in position can be terminated for any reason WITHIN REASON. You can still make a case if any of your former coworkers are willing to write down their recounting of various instances. Also, even with 'at-will' policies, a company slandering your name and preventing you from getting another job is illegal. No company has the right to do that.

    I would highly suggest reaching out to a lawyer and speaking with them as to what the next steps are. Everything your former company has done is illegal and toxic.

  2. Rebecca Van Hout

    What they are doing is illegal. You need to hire a lawyer and have them advise you on your options This handout has some good information you might find helpful. .https://nwlc.org/wp-content/uploads/2016/11/Sexual-Harassment-FAQ.pdf

  3. Anonymous

    Speak with an attorney if you want them to cease and desist. Otherwise you'll need to stop all contact. Harsh but I can't think of any other action to take. What would you like to do?

  4. Kirsten DiCarlo

    What they are doing is retaliatory to you sexual harassment complaint. And yes, an unsafe working environment counts. Take any and all documentation you have to a lawyer and sue for wrongful termination. Also, I do believe in most states that your previous employer can only clarify your dates there as well as your salary. The MIGHT be allowed to answer only yes or no to whether they would hire you again. Google your state and GOOD LUCK.

  5. Anonymous

    Agreed!!!

    Even salary is illegal in some

    cities and states. I know it is where I live.

  6. Janice Mason

    I worked as a Legal Secretary for a labor side (worker side) law firm for 20 years. Please contact a labor attorney as soon as possible. Some firms will have a free consultation with you and take the case on a contingency basis after they have consulted with you, meaning they do not get paid unless they win the case. Some firms will have a small consultation fee to meet with you. As always, document everything that happened and what was said. This termination definitely sounds retaliatory. Good luck with everything!

  7. Anonymous

    Thank you so much I will definitely do that

  8. Anonymous

    I second what the previous commenter suggests.

    Also, I would apply for unemployment and ask the former coworkers that do have positive things to say to please support you as professional references on your resume. I’m sorry you are going through this after speaking up about something that could have easily been corrected by your boss. Best wishes in your job search!

  9. Anonymous

    If you can prove that this is the case, you can go legal. If not, you can move on to another job and note that you must have video or proof of this behavior through witnesses for it to be substantiated. If you have past performance reviws, then that is also advantageous for you legally. However, how long was it between your complaint and your firing? That matters as well.

  10. Anonymous

    I'm sorry this has happened! To me, confidential means confidential!

    I think the other responders have great advice--

    As an aside, it's one more reason I'm ready to retire and sick of the crap similar to this.

    I was diagnosed with breast cancer, and was working a flexible schedule of 2h lunch and an hr earlier than every one else lunch time radiation.

    My colleague thought I was a "favorite" and despite APPROVAL, as "cancer was unprofessional at the workplace " (her words), I was let go because my boss, a woman, BTW, had no backbone. Colleague, also a woman, was a heavy smoker (cancer???!!) and wanted perfection.

    Two things-

    I could have gotten an attorney but didn't. Should have. But I received medicaid for me and my children for 5 years due to the right kind of cancer qualified. Helpful during pandemic layoffs!!

    Also, my boss made up rules as she went along and was being audited by union so my role as auditor was in turmoil (audit from 5y prior, I'd been there a month)

    It was a GIFT I was let go

  11. Anonymous

    File a complaint with the EEOC and FEHA. Bring with you any and all documentation and evidence for the complaint and sexual harassment claims. Find a consulting attorney in your area (call your city/state lawyer referral service) that could help you to file this if need be. You might have a good case. At the very least they can lock your employment records and will assure that the company does not defame you. IF you signed an exit document look for the clause in it (most have one) that says you will not speak ill of the company, generally the company in those is the only one protected. Draft a letter to the company citing that and also reminding them that you expect the same in return and that you have since found out that someone from the company has been sullying your reputation and that it needs to stop or you will sue to the company. Be specific and use that strong wording because they need to be made aware of it. Request a conversation with their head of legal and let them know that you expect them to only share dates of employment and that you separated, but not the why with any outside sources. You likely do have a case but it could take a long time to mediate or bring to trial and the emotional drag on you may be horrible. Best is nip it as per the above and firmly let them know to stop.

  12. Anonymous

    You will have to wait 7 months for an "interview" by the EEOC before you can file a charge. It's not going to be a quick process. There are timelines that you have to file a complaint also. Go to their website and schedule an appointment. I think EEOC is worthless . They are so understaffed and overwhelmed.

  13. Anonymous

    As i said in my response above yes it will take time...nothing happens overnight and with the need for evidence and witnesses and lawyers and delays this could take years....but if this person feels they want to walk that path they are surely justified to do so.

  14. Anonymous

    It matters what state your in. If you are in a right to work state. He can fire you for any or no reason ( like Nevada) You still will be eligible for unemployment. He will fight it but he will most likely lose. This is not an absolute, but worth a shot. First take it to the EOC. Equal Opportunities Commision. This is the best way to protect his other employees.

  15. misskelleyp

    At will state or not, you filed a harassment or hostile work environment complaint and were fired as retaliation. AND they are bad mouthing you to potential employers. This needs an attorney. Do a search for a plaintiff's attorney in your area. A cease & desist letter to the CEO may settle the bad mouthing issue, but the harassment/retaliation issue needs to be addressed.

  16. Anonymous

    Not the most versed in employment law but I know the fact that people at your old workplace are forbidden to speak to you is illegal - an employer CANNOT tell you who you can or can not talk to, especially off hours! Contact the EEOC, if you have documentation proving everything you said then you probably have a good case.

    Please pursue this and don't let it go. They WILL NOT leave you alone and will NEVER let you get a job anywhere else. Your old boss (who sounds deranged) has made it his mission to make you suffer. They are intimidating your ex-coworkers with fear. Please specify on your resume that potential employers are not allowed to contact these people or remove them entirely.

  17. Anonymous

    Agreed!! File a complaint!

  18. Anonymous

    Check out the Alison Taylor or a similar reference checking company. They can perform a reference check for you - delivering documentation of what your former employer is saying about you. Then you have proof of what is going on.

  19. GirlBossanova934974

    As a business owner myself, this incident makes me cringe! I don't get it! After literally decades of gazillions of dollars spent on sexual harassment training throughout the land, we are still getting cases like this? The employment lawyers will be fighting each other tooth and nail to get this case. We got sexual harassment, hostile work environment, retaliation, and then to add to the damages, action against the employee via future employers! GEEZ! Sexual harassment settlement amounts are already quite high. Then add in punitive damages. OMG! This one is going to be a whopper of a settlement. PLEASE go see the first good employment lawyer ASAP with all your documents and performance reviews etc. Be sure you can contact former employees who can corroborate your story concerning this idiot of a former supervisor. Sheez! Hope this company has good insurance! It is going to cost them big! OH AND TO ADD MORE DOLLARS TO THE AWARD....The company's HR department by giving out bad references to future employers was acting in complicity with the supervisor aka they knew it was going on......

  20. Anonymous

    It's not legal and while you work at an at will state they have no right to lie about you or even tell potential employers what led them to fire you in a way that violates your confidentiality. Get an employment attorney to intervene on your behalf before you bother going on any more interviews.

  21. Anonymous

    Holy cow sue them!! They’ve done multiple illegal actions already. Retaliation AND speaking poorly about you to another employer are unlawful.

  22. Anonymous

    Retaliation and preventing you from getting gainfully employed again are illegal. Speak to an employment lawyer (consults are free 96% of the time) immediately and file a complaint with the EEOC.

  23. Anonymous

    Thank y'all so much for all the advice. I have contacted a lawyer. I go speak to them Monday.

  24. Robin Lampert

    Best wishes!

  25. Anonymous

    Call an employment lawyer. Write down what happened with dates, times and witnesses. Collect copies of your performance reviews—I am sure you made copies to keep at home. Finally ask someone to call your former company for a reference and record the response. You have grounds for a major suit. They have bigger issues if the boss was allowed to retaliate and they are saying anything but confirming your dates of employment. Also, contact the EEOC, not as fast as your own lawyer, but if they agree to take your case, it means your case has merit and gives you a bargaining chip. At the same time, decide what you want as your former employer may offer you a job again. You can also be pro-active with a statement about why you left your previous company. Most employers have a box to check that asks if it is OK to contact a previous employer. You can check no and give your statement. If you hire a lawyer, ask them to help craft it.

  26. Robin Lampert

    Call an employment lawyer first.

    Collect the documentation and record witness names.

    Do not have someone pretend to call for a reference until you check with the lawyer. In some places recording without permission is illegal.

  27. Anonymous

    Oh dear you have a very strong Case. Where would you like to invest? Jokes apart. Get an employment lawyer ASAP. Do you need a name?!

  28. Anonymous

    You gonna win

  29. amyoconnor

    It’s not legal so why aren’t the new prospective employers ignoring what they’re saying ? Report them too

  30. Tiffany Clark

    I'm going to say this is very illegal. Hire an employment attorney right away. The attorney will file with EEOC on your behalf and the process will be quicker. The person that you talked that stated to contact your previous job make sure you have her name. Also, The previous employees you talked to make sure you have their names also. Also, At Will doesn't get a company a pass for breaking the law. Many employers are quick to say they are AT Will to stop you from taking legal action. Make sure you have documentation on everything that happened including when you files the complaint. The first thing a lawyer is going to ask is if you followed the chain of command. You have a strong case and it become stronger when you have witnesses willing to step up. Make sure you have evidence from the those people you talked to of exactly what was said.

    Also again, I sued two former employees before one for retaliation and discrimination in a at will state such as Illinois. If you have strong factual documentation, any lawyer will take your case.

  31. Amy Landers

    In an at will state,they can only say weather they would hire you again. It is not against the law to say they would not hire you.

  32. Anonymous

    It isn't against the law - but no reputable company would answer that question these days. That question went out of use years ago. All companies provide in an employment verification check are the start/stop dates, the job title and no more. They don't answer the questions on rehire eligibility, salary/wage, or any qualitative information. To do so opens them to a possible lawsuit. At least this is the case for F500 companies.

  33. misskelleyp

    Actually, when called for a reference check a former employer can say pretty much anything they like as long as it is TRUE. They can't like - that would be defamation (or whatever the actual legal term is). So, have a friend pose as a prospective employer checking your references. If the employer is saying bad things, find a former colleague who is willing to give you a decent reference and provide their contact info. The company may not allow this, in which case just provide some basic information and ask that that employer not be contacted.

  34. Anonymous

    If you truly feel that there was innapropriate behavior seek legal advise. I am in HR for an "At-Will" state and we would not terminate an employee in your situation because it would seem like retaliation. Harrasment is not acceptable.

  35. Anonymous

    I don’t normally say go right for a lawyer, but you need to go right to a lawyer.

  36. Anonymous

    Like everyone said, get a labor lawyer. There are those that specialize in wrongful termination and your situation as you described it is the definition of whistleblower retaliation which is 100% illegal. Like someone else said, write down the timeline/ dates of facts/actions/what was stated - by whom to whom in what communication medium. Indicate who else was present, copied or was informed. This is a hands down case

  37. Manda Marie Smith

    Contact BOLI

  38. Cindy Glover

    They HAVE to tell you a reason

  39. misskelleyp

    NO, they don't actually. As long as she's working in an at-will state (which is 49 of them - only Montana is not) they can just say "we're done". I mean, I could be wrong, I've only been in HR for 30 years....

  40. Anonymous

    You don't need them to tell you why.....you know why.

  41. Anonymous

    Get a good lawyer write everything down dates times who you takes to etc any screen shots or emails etc

  42. Anonymous

    I'm still amazed that companies get away with this. Contact an employment lawyer or file an EEOC.

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