What To Do If You’re Fired After Reporting Sexual Harassment at Work
You have the right to report wrongful treatment at work. If you were fired after reporting sexual harassment, this is likely an example of retaliation, which is unlawful. Your employer may owe you compensation.
An experienced Kansas City sexual harassment lawyer can help you understand what to do next and how to protect your legal rights.
1. Document Everything
Proving that you were fired out of retaliation rather than for a different reason can be challenging. Start by documenting any communications with your employer that potentially explain their reason for firing you. These may include emails, text messages, or even voicemails.
Be sure to save all communications on at least two devices. Make sure voicemails and text messages also include timestamps to help you build a timeline of when the events occurred.
2. Understand Retaliation and Wrongful Termination
Retaliation refers to any actions taken against an employee for engaging in legally protected activities. If you were fired soon after you reported sexual harassment, discrimination, or any other unfair treatment, your employer may well have retaliated against you, attempting to punish you for your report or prevent future reports of misconduct.
Wrongful termination is a broader concept that refers to firing an employee for discriminatory or certain other unfair reasons. You might also be a victim of wrongful termination. Understanding these concepts can help prove unfair treatment and support your claim against your employer.
3. Build a Case Against Your Employer
Gather as much evidence as you can to show that you were fired due to making a harassment claim. Along with the documentation you already collected, explore these other types of evidence:
- Witness testimonies from coworkers who overheard your conversations with your employer or otherwise witnessed the unfair treatment.
- Comparators or examples of instances where a coworker was treated fairly in the same scenario. For example, if your employer cited performance issues as the reason for terminating you, you can show that another employee had the same performance and was not terminated.
- Proof of protected actions to show that you were acting within your rights when you reported the sexual misconduct. You might gather copies of the harassment report or your communications with HR.
4. File a Complaint With the EEOC
Before filing a lawsuit, you must file a charge of discrimination or retaliation with the Equal Employment Opportunity Commission (EEOC) or comparable state agency. These agencies enforce wrongful termination and workplace discrimination laws. Filing a charge may prompt the agency to investigate your employer’s behavior, pursue legal action on your behalf, or permit you to file a lawsuit against your employer.
Provide all the evidence you gathered to show that you were fired for reporting sexual harassment.
5. Work With an Experienced Employment Attorney
Finally, consult an employment attorney to determine your next steps. They may advise you to pursue a case against your employer and claim economic and non-economic damages.
At Dugan Schlozman, LLC, we represent victims of retaliation, wrongful termination, and discrimination at work. If you were fired after being sexually harassed at work, you may have a retaliation claim.
Contact us today at 913-374-6351 to schedule a consultation with our employment attorneys.
