Navigating Workplace Harassment: A Guide for employees facing wrongful termination

Many employees find themselves in distressing situations where they are subjected to harassment or wrongful termination. This guide aims to provide clarity and support for individuals who have experienced similar situations, particularly focusing on instances where a colleague was fired under false pretenses and now they are facing similar treatment.

Understanding the Initial Scenario

One employee started working in a new role and faced harassment from the boss. The boss used the employee's complaint to implement disciplinary measures, ultimately leading to his or her termination. Now, under 90 days, the employee finds themselves facing a similar situation. While it is challenging to determine whether a legal case would be successful without more specific details, several factors come into play.

Factors Influencing Legal Standing

The outcome of any legal case for wrongful termination or harassment often hinges on several key factors:

Permanent Employee vs. Contract Employee

For Permanent Employees: Under probationary periods, which can vary from 60 to 12 months depending on the employer, termination can occur more easily. These terms are typically outlined in the employment contract, and during this period, there might be limitations on using grievance procedures.

For Temp or Contract Employees: Staffing agencies often have agreements allowing clients to terminate contract employees at will. This implies that if you are under such an agreement, you are not protected by the same employment stability as a permanent employee.

Exploring your employment status and understanding your rights is crucial. Consulting an employment lawyer can further clarify your standing and provide actionable advice.

Calculating Your Options

Whether you have a case for a lawsuit depends on several factors, including:

1. Documentation: Thoroughly gather any evidence of harassment or wrongful termination. This can include emails, texts, notes, and witness statements.

2. Performance Record: Review your performance reviews and any other documentation that reflects why you might be facing termination. High performance that tanks suddenly can be seen as a red flag and might add weight to your case.

3. Probation Status: If you are in a probationary period, the terms of the agreement play a significant role. Knowing these terms and having a legal advisor can greatly influence the outcome.

Seeking Remedies

To potentially enforce your rights, consider the following steps:

1. Contact the Federal Department of Labor or State Department of Labor: Document the harassment and termination, highlighting any specific instances or evidence. File a formal complaint to bring attention to the issue.

2. Seek Legal Advice: Consult an employment law attorney to discuss your case, review your contract, and understand your legal options. They can provide guidance on whether you have a solid case for a lawsuit or other forms of compensation.

3. Engage in Mediation: If deemed appropriate, participating in mediation can be a less adversarial way of resolving the dispute before resorting to legal action.

Conclusion

Experiencing workplace harassment or facing wrongful termination is undoubtedly a challenging situation. Awareness of your rights and seeking support can significantly impact the outcome. Whether you have a case for a lawsuit or not, being prepared with documentation and a legal advisor is crucial.