What to Do When Fired for Harassment Complaint
Have you been fired for filing a harassment complaint?
Equal Employment Opportunity laws prohibit employers from retaliating against employees who report discrimination or harassment. If you are a victim of retaliation, you can report your employer to the EEOC.
In this article, we will help you understand if you were fired for retaliatory reasons and show how you can fight back with DoNotPay!
Have You Been Wrongfully Terminated?
It is possible that your termination was retaliatory and a direct result of you submitting a harassment complaint. Here are some ways you can prove you were subject to wrongful termination:
- You engaged in protected activity. “Protected activity” are rights that you have under the Equal Employment Opportunity Commission (EEOC) that allow you to take action. This includes filing a complaint for harassment.
- You have written documentation showing your employer threatening the consequences of you from submitting a harassment complaint.
- You show that your harassment complaint directly led to your termination (e.g. you've proven a stellar track record in the company but was still fired).
The EEOC and most state laws prohibit wrongful termination on the basis of retaliation and discrimination. If you were fired for reporting harassment in the workplace, follow the steps below.
Steps to Take After Being Fired for Making a Harassment Claim
If you have been fired for making a harassment complaint, you have the legal right to pursue a lawsuit. Follow these three steps when making a claim:
- Document any evidence surrounding your termination. This should include the complaint you filed, any written response to your complaint, and what steps the employer took next.
- Report the retaliation incident to the EEOC within 180 days of termination. After you file a charge against your employer, the EEOC notifies the employer of the claim and opens an investigation.
- Wait for the EEOC’s decision. The EEOC might attempt to settle the case by proposing your reinstatement, or they might represent you in a court case against your employer. If the EEOC decides otherwise, you will be notified and given permission to pursue the case with your lawyer.
If you win, you can claim compensation for damages like lost wages, attorney fees, and more.
Pros and Cons of Making a Wrongful Termination Claim
Filing a wrongful termination claim does not guarantee a victory. Like all legal proceedings, taking an employer to court has its pros and cons:
|You might get financial compensation for the ordeal. This includes reimbursement for lost wages.||Unlike HR complaints and proceedings, a wrongful termination claim could cost you an exorbitant amount in legal fees.|
|If you win the case, this may encourage other employees to oppose harassment and overall create a healthier workplace environment.||If you lose your case, this may discourage other employees from speaking up. This will only encourage more problematic behavior from managers and other employees.|
|Winning a wrongful termination case offers justice and you may come out of the process feeling content.||The process of a wrongful termination case is draining and may leave you worse off than before.|
Report Workplace Harassment Anonymously With DoNotPay
There should be a safer way to make workplace complaints, without the fear of retaliation. If you’re looking to make an anonymous harassment complaint against a coworker, manager, or boss, DoNotPay helps you do just that! He are the steps to follow:
- Sign-in to your DoNotPay account and open the Anonymous HR Complaints product.
- Enter your employer’s name and the mailing address of your HR department.
- Describe what your complaint is about and how you want it handled.
That’s all it takes! DoNotPay will automatically mail your complaint to your employer’s HR department without including any of your personal information. You can finally make a workplace complaint without fearing retaliation. Do you have another workplace complaint? DoNotPay offers a ton of resources that can help you fill out employee complaint forms and incident reports. Check them out today!
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