What to do about being wrongfully terminated Started by PHLramp , Jan 28 2014 08:50 PM Please log in to reply 2 replies to this topic 2 posts Posted 28 January 2014 - 08:50 PM I was dating a supervisor and I broke off the relationship. I continued to ask her in many text message replies to leave me alone. After getting numerous phone messages, I then finally made voice contact and told her to leave me alone in a conversation. I then finally called her back in the afternoon after numerous text messages. We talked about numerous things and even about reconciling. That night, she went to her immediate supervisor and claimed sexual harassment. She dated the harassment from when I broke off the relationship the first night. There was a statement written against me. I was brought in the office without a union representative. I was explained the policies and was told I was allowed to date but it must be kept in a professional manner. I went back to my work area and worked as usual. I walked up to the belt and looked to see if a can was sealed and ready to go (my job). I made a comment to know one in particular and not very loud, "they must have moved her" and a woman turned around asked "who?", I said her name and walked away. They brought me in the office again and said that I was looking for her. That wasn't true at all. This meeting was now with a shop steward who said that I put her name all over the internet and walked out and they replaced him with another shop steward. That wasn't true either. Her name nor the company's name was ever posted by me. They said I violated their social media guidelines. They also said I contacted her mother and ex-husband, which I did, but this was long before any meetings took place. I came to work the next day and asked them to remove myself from that area. I worked far away from her. The company never made an effort to separate us. They never told my immediate supervisors about it, nor asked us to be separated. The following night I am brought in for another meeting, this time they have more evidence against me. They have a copy of a text message that they said I made to her after the first meeting. I said that she initiated that text message. They told me according to what they have, that was not true. I was terminated for failure to follow instructions and sexual harassment. I had grievance hearing after the termination and demanded to see all evidence (statements, the copy of the text message, etc.). The company refused. They said to get it through the union. They refused to ask. I had a 9 page statement with all the text messages made by her proving that she always initiated contact and a copy of the text message proving that she initiated contact. This all while the accuser was claiming she felt uncomfortable working around me. While all this was going on, she continued to text me wanting to meet face to face, heart to heart numerous times. I let the union know in many e-mails my displeasure and that they were incompetent to handle my grievance in a professional manner due to my anti-union stance on the current contract. I was a big advocate against the contract they supported. This situation was mishandled by the company and they never once read my evidence proving my innocence. I have always told the truth and my statements (verbal & written) were always consistent. 16,571 posts Posted 28 January 2014 - 09:19 PM Whether you have anything to sue for over the loss of the job depends on the applicable state law (and you did not mention the state) and the terms of your union?s contract with the employer. Generally speaking, however, when the employer is not a government agency, then the employer may legally fire you for any reason (or no reason at all) except for a few reasons prohibited by law. The prohibited reasons include firing you because: of your race, color, religion, sex, national origin, age, disability, or genetic test information under federal law (some states/localities add a few more categories like sexual orientation); you make certain kinds of reports about the employer to the government or in limited circumstances to specified persons in the employing company itself (known as whistle-blower protection laws); you participate in union organizing activities; you use a right or benefit the law guarantees you (e.g. using leave under FMLA); you filed a bankruptcy petition; your pay was garnished by a single creditor; and you took time off work to attend jury duty (in most states). Your post doesn't clearly indicate evidence that the employer fired you for a reason like those listed above. If the employer truly fired you because the management thought you violated instructions and engaged in sexual harassment, then the termination is not wrongful as that term is used in the law even if they were incorrect. Your union contract might provide greater protection. If the company violated the contract, then you'd have a potential breach of contract claim. However, it can be hard to mount that kind of claim when you haven't had the support of you union.