Q: Hired seasonally, then hired permanently to be fired for reporting sexual harassment, and sustained a work injury.
My seasonal role turned permanent, then I was fired weeks after reporting a sexual & verbal harassment incident; I was demoted and reported to another department and had no idea until another employee mentioned it. My vehicle was vandalized on the companies property, my timecard was deactivated several times, which impacted my weekly pay. I was asked to leave early when peek season was still in effect. My last paycheck isn't accurate. I don't believe I was paid accurately weekly. I sustained a work related injury and received two days of treatment. I didn't return to the health clinic because I was harassed during both visits. No workers compensation was received either. The EEOC issued a notice to sue letter that expires November 27th.
A: I am not sure what your question is, but clearly you have several issues. I would strongly suggest that you contact an employment law attorney in your area as soon as possible to explore whether or not you wish to move forward with the EEOC complaint. Furthermore, if you still have issues with the work injury, you may be entitled to wage loss and medical benefits beyond the discrimination claim. However, if you delay in contacting an attorney, you may miss important filing deadlines and lose any right you may have had to pursue corrective action.
Tim Akpinar agrees with this answer
A: In “at-will” states such as Virginia, your employer can fire you for any reason, except for an illegal reason. However, you should consult with an employment attorney as soon as possible to see if enough evidence to support your claim of retaliation after reporting sexual harassment. This would be an example of an illegal reason to end your employment. You should act quickly, because a notice to sue gives you only 90 days to file a lawsuit. Even if there is not enough evidence for a retaliation claim, you will still want to pursue back wages if you were paid incorrectly.
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.