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Do I have a case?

A couple of years ago I filed a sexual harrassment complaint against a male coworker. I received a letter from my boss that they had investigated it and that they agreed the behavior was questionable, but not grounds for termination. (He touched my breast)! A week later, I got fired for a bogus reason. They accused me of stealing, which of course I did not do. Now I come to find out that my former boss recently was fired from that company for sexual harrassment! Is this reason enough to prove that my firing was retaliation for filing sexual harrassment?

Update:

I just found out that he was fired because he just got fired.

10 Answers

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  • 1 decade ago
    Favorite Answer

    While in general fact, it sounds like a case for discrimination charges, in court it would be really hard to prove. Unless you have that letter, the original document you filed the complaint with, and proof of your boss's termination and reason, a lot of the case would come down to hearsay, or dismissed because of the time lapse. It's worth pursuing, but keep in mind that the process could be lengthy, expensive, and exhausting. So unless you really liked your job, or want to make a big ethical statement, taking your employer to court may end up costing you, regardless of whether you win.

    If you still want to go for it, find yourself a young civil lawyer who likes to pick fights or a bleeding heart female lawyer, no aged upper-class attorney trying to keep their reputation will want to touch this.

    Source(s): legal secretary for a civil attorney
  • 1 decade ago

    You should have sued your coworker or your employer (after the investigation) at the time. I think you have grounds to file for sexual harassment and wrongful termination against your former employer, but I do hope that you or the company has documentation proving that you complained. Do you have any witnesses of what your coworker did? Journal entries? I think it's a worth a shot if you can find an attorney who will work on a contigency fee. I'd have a discusssion with the company first, though. See if they'll hire you back and settle out of court. Keep in mind, though, that with every passing year, it gets harder and harder to prove a sexual harassment case. Good luck.

  • Anonymous
    1 decade ago

    The EEO counselor at the last city I worked for told me she had the world's worst job. No matter what decision she made, somebody was going to be mad at her.

    You might have a case, but you really need to talk to a lawyer who specializes in these kinds of cases. Your state employment office or state labor board should have an EEO counselor on board you can talk to. If they don't they should be able to point you in the right direction.

    Frankly, a guy fired for sexual harassment should not be the one investigating sexual harassment complaints. At best the company exercised poor judgment in using him. At worst, your boss used his position to retaliate against you. I would certainly encourage you to check this out with the appropriate people.

    Good luck. . .

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    5 years ago

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  • Anonymous
    1 decade ago

    Confident that you have two years to do something about this then your time is unfortunately up. Sorry.

    If not, I still don't see a strong case. You cannot prove sexual harassment, and you did not do anything legal about it at the time everything occurred.

  • GRUMPY
    Lv 7
    1 decade ago

    I would say go see a lawyer. It won't cost you anything because if you have no case the lawyer will not touch it. BUT if you have a case, it still won't cost you because the lawyer will take a share of whatever you get. It does sound like you have a good case now as it sounded like a good case when the company was first made aware of it.

  • Anonymous
    1 decade ago

    No, the statute of limitations have expired.

    Was the touching a one time, oops deal? Or was it a pattern?

    What does your boss have to do with you coworker groping you?

    If you were innocent why did you not fight it then?

  • Anonymous
    1 decade ago

    ...each State has what is called The Statute of Limitations on an alleged crime may be prosecuted... You'll need to check with the State Attorney and see if your complaint has passed that "time" or not... if not... "get'it'done" !

  • 1 decade ago

    Case is too old.. you likely have nothing... you should have done something about it then.. I wouldnt touch this one even if i was still in the biz...

    Source(s): (used to practice Fed labor law, SF & LA districts.. Ex- Prez AFGE 2082)
  • Jim
    Lv 7
    1 decade ago

    Yes, you should have a case. You should discuss this witha trusted atty as soon as you can,

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