What to Do If You Lost Your Job for Reporting Sexual Harassment

Whether you reported your own sexual harassment or that of a coworker, being fired for reporting harassment could be against the law. Retaliation in the workplace, including wrongful termination after reporting harassment, violates federal and Florida sexual harassment laws.

If you lost your job for standing up for what’s right, here are the steps you need to take to fight for your rights and seek justice.

Understanding Retaliation and Wrongful Termination

Recognizing that legal protections exist to shield employees from workplace retaliation is essential. Understanding the definitions and legal implications of retaliation and wrongful termination is crucial to determining your next course of action.

What is Retaliation?

Retaliation occurs when an employer takes adverse action against an employee for engaging in a legally protected activity in close proximity to a protected act. In this case, reporting sexual harassment is considered a protected activity under federal laws such as Title VII of the Civil Rights Act of 1964. Retaliation can manifest in different ways, including:

• Fired after reporting harassment
• Demotions or pay reductions
• Harassment or hostility in the workplace

What Constitutes Wrongful Termination?

Wrongful termination for reporting harassment occurs when an employee is fired for sexual harassment complaints or opposing workplace misconduct. If your dismissal was directly linked to reporting sexual harassment, your employer may have violated employment laws, and you have the right to take action.

3 Ways to Fight Back If You Were Fired for Reporting Harassment

Losing your job for reporting harassment can be overwhelming, but you have legal options to challenge this unjust action. You can protect your rights and seek justice by taking the right steps promptly. Here are three key ways to fight back against wrongful termination after reporting harassment:

1. Understand the Statute of Limitations

It may be hard to emotionally process being fired for reporting harassment, but you must act promptly. If you claim that your termination violated discrimination laws that prohibit adverse employment actions, including termination for reporting sexual harassment in the workplace, you must file a charge of discrimination with the United States Equal Employment Opportunity Commission (EEOC) and applicable state or local agencies.

Deadlines for Filing a Complaint:

• Florida Commission on Human Relations (FCHR) generally gives you 300 days from the date of the alleged discriminatory action to file a charge with the Equal Employment Opportunity Commission (EEOC).
• Union or Contract-Based Claims: The filing deadline may be significantly shorter if you are covered under a union contract or civil service agreement.
• National Labor Relations Act (NLRA) Complaints: If you were part of a protected concerted activity, you must file within six months.

Act quickly to protect your rights and file your complaint within the statute of limitations to ensure your case is not dismissed for being filed too late.

2. Gather Documentation

To prove that you were fired for reporting harassment, you must establish a direct link between your complaint and the adverse employment action.

Evidence You Need to Collect:

• Employer Awareness: Evidence that your employer was aware of your complaint before terminating you.
• Termination Reasoning: Any written explanation from your employer regarding your dismissal.
• Communication Records: Emails, messages, or notes that provide context about the retaliation.

3. Hire a Wrongful Termination Attorney

A retaliation attorney will help you navigate the legal system and ensure your case is handled professionally and effectively.

Why You Should Consider Hiring an Attorney

Employment laws are complex, and an attorney can help you understand your rights. Lawyers can also assist in collecting evidence and crafting a compelling argument to strengthen your case. If negotiations are necessary, your attorney can advocate for fair compensation and work toward a settlement.

How to Find the Right Attorney

To find the right attorney, start by looking for one who specializes in employment law and wrongful termination cases. Check their reviews and credentials to ensure they have a strong track record. It’s also beneficial to schedule a review of your situation, as many attorneys offer free case evaluations to help you determine the best course of action.

These steps will help you find a qualified attorney to support you through the legal process and fight for your rights.

Seek Unemployment Benefits

Losing your job unexpectedly can cause financial stress. You may be eligible for unemployment benefits, even if your employer tries to contest it.

When applying for benefits:

• Be honest about the reason for termination.
• Provide documentation of your wrongful termination claim.
• Respond promptly to any state agency inquiries.

These steps will help protect your rights and fight against wrongful termination.

Reach Out to Support Networks

With the proper support and resources, you can fight back against wrongful termination and protect your rights in the workplace.

Wrongful Termination When Firing Is Illegal Ebook can also help you better understand the employment laws governing your position. Download it for free to gain the insights to decide your next steps and take action against unfair treatment.

You are not alone. Seek justice and hold your employer accountable.