physical assault and sexual harassment

MY attorney informed me the EEOC found reasonable
cause on the retaliation but not sexual harassment
I was fired at conclusion of investigation for refusing
a transfer.later hired back 2wks later
now my attorney tell me we can't preside with retaliation charge
without the sexual harassment charge.I was terminated again today.
It was absent due to ongoing heart disease.I am 41 and had 2open heart surg. and a heart attack 6 months go,

3 answers  |  asked Mar 26, 2002 11:24 PM [EST]  |  applies to Texas

Answers (3)

Margaret A. Harris
Retaliation and Sexual Harassment

You have received good advice from two very good lawyers. Whether you have a good sexual harassment claim depends on the facts, not on what the EEOC said. I am surprised that the employer fired you around the same time that the EEOC issued a determination in your favor. You may need to file another charge of discrimination about the termination if it happened after the EEOC closed its investigation on the first claim. You should seek legal advice. Please do so before the passage of very much time so as to give your lawyer sufficient time in which to act.

Good luck.
Margie Harris

posted by Margaret A. Harris  |  Mar 27, 2002 10:44 AM [EST]
Kenneth Byford

Over the years, I have found in litigating these types of cases, that there are many times that sexual harassment cannot be proven even if it happened. This is, more than likely, the reason for the EEOC decision. First, let me say that the EEOC is wrong more often than right. You can still sue on sexual harassment despite their ruling. I have done this many times sucessfully. Second, do not be discouraged... The ruling only lends credit to the fact that you have at least one claim the EEOC believed in.

Kenneth Byford
Byford, Malorzo & Tapscott, PLLC

posted by Kenneth Byford  |  Mar 27, 2002 08:52 AM [EST]
Trey Henderson

You can sue on either or both claims as long as you get a right to sue from the EEOC. It sounds like the retaliation may be stronger. We usually file both claims together. Call me to discuss representation at 713-266-1380.

posted by Trey Henderson  |  Mar 27, 2002 08:25 AM [EST]

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