Legal Question in Employment Law in Texas

Chairman fires manager for refusing to hide sexual harrassment claim

The organization I work for was sold and acquired in April 2003. After a signifant review of my performance, I was retained on as division manager/EVP and asked to sign a new contract with the new organization. At and after the company's welcome dinner, the new chairman made advances towards a female employee. The employee wrote up a report about the incident and submitted it to me. I submitted the report to Human Resources as I know I am supposed to under law. The company fired me yesterday ''for cause'' and I received no compensation. The cause issues stated are trumped up with no substance and I believe I was fired for reporting this incident. Today, the female employee was told that her sexual harrassment issue is considered ''dead by the board'' since I am now gone.

I have a 4 year track record with the company and evidence of the Chairman's admittal to the sexual harrassment.

Under my employment contract, the company owes me six months of pay if I'm fired for reasons other than cause. My question is - since I have no intention of resigning, what are my next steps?

Asked on 5/16/03, 6:06 pm

2 Answers from Attorneys

Roger Evans Mathis & Donheiser

Re: Chairman fires manager for refusing to hide sexual harrassment claim

Based on the facts you presented, you appear to have a claim both for breach of contract and for retaliation. You should contact an attorney to explore your rights and remedies.

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Answered on 5/16/03, 6:16 pm
Trang Tran Tran Law Firm L.L.P.

Re: Chairman fires manager for refusing to hide sexual harrassment claim

First, read and follow the company's policy for reporting retaliation (for opposing a pattern of sexual harassment) and give the administrative appeals process a chance. Second, file for unemployment. Third, file a charge with the EEOC or TCHR within 180 days. Hire a lawyer to draft a demand letter for breaching your employment contract. You will also need to mitigate your damages by seeking other employment. Also seek the counsel of an Employment lawyer to address the retaliation claim against the company.

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Answered on 5/16/03, 6:31 pm

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