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.

2 Lawyer Answers
Timothy Belt
Timothy Belt
Answered
  • Workers' Compensation Lawyer
  • Hazleton, PA
  • Licensed in Pennsylvania

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

Eva Zelson
Eva Zelson
Answered

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.

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