Kankakee, IL asked in Employment Law, Employment Discrimination and Sexual Harassment for Illinois

Q: I had a harassment claim filed against me by a coworker after she received a bad performance review.

I was told by the department supervisor that he was giving the employee a bad review with the intention of her quitting or her becoming hostile and leading to her termination. That was a breach of confidentiality on his part. The employee then accused a coworker and I for influencing the supervisor to give her a bad review. She then filed a harassment claim against the other coworker and I. I was terminated without having a chance to defend myself nor was I given an opportunity to hear the claims she made against me. I have proof that the supervisor is capable of breaching confidentiality but now my reputation is ruined and the HR won't hear what I have to say now or when I was terminated. What should I do.

1 Lawyer Answer
James G. Ahlberg
James G. Ahlberg
  • Employment Law Lawyer
  • Rochelle, IL
  • Licensed in Illinois

A: You need to contact an attorney in your area who practices in the field of employment law as soon as possible. Explain your situation to him or her. Bring every document you have to the first appointment, including particularly any paycheck stubs or payroll information you have for the past year or two, performance reviews, and a copy of the employer's employee handbook. If you don't have a copy of the employee handbook, borrow one from someone who still works there. Don't write on any of the documents you bring. Do this immediately. State law permits you to get a copy of your personnel records for a limited time after you are no longer employed. Don't try getting the records on your own, work through a lawyer. I repeat, do this immediately. Do it today if possible.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.