Q: Sex with my boss/owner. Now I'm fired. What next?
Hired in Aug 2014. Fired in Sep 2016. I had a sexual relationship with the owner for most of my two years of employment. We were on-again-off-again relationship. I had a sexual relationship with a different girl (unrelated to work) and my owner found out. Since that happened, she has wanted me toquit. She threatened to contact my family and landlord to tell them about our sexual past and my on the job alcohol consumption incident. She ended up telling my landlord. When I arrived to a scheduled shift, she demanded I leave or she would call the police. I argued with her about it, and she did indeed call them. After that, I was taken off the schedule completely. I asked her if I was being terminated. She said yes. I asked her on what grounds. She responded with "you drank at work." But my coworker who also drank at work is still working there and is only 20 years old. I feel like I am being retaliated against for our sexual relationship issues, and the alcohol consumption is not a factor?
A: There is no Workers Compensation claim here. There is no physical injury with residual physical disability arising out of the employment and in the course of the employment. Drinking on the job is 'good cause' for termination (yes, even if others are doing it and haven't yet been reprimanded for it). Sadly, I cannot see a Dept. of Fair Employment and Housing claim when you are termination for alcohol on the job, but you can try to contact an Employment Lawyer if you wish to pursue it further.
A: There might be grounds for a case of sexual harassment, but such a case requires evidence that your termination was based on pressure to have sex with your boss rather than drinking at work. As for your boss contacting your family and landlord to tell them about your alleged misdeeds, if the allegations are false, there may be grounds for civil litigation (e.g., defamation) against your boss. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice nor does it create any Attorney-Client relationship.
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