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Does my daughter have a case for wrongful termination after reporting sexual harassment cuz she told parents?


My daughter worked for a restaurant and was being sexually harassed by the cooks mostly verbally but once was grabbed on the backside. She reported the incident to the employer and asked them to do something about it or her dad would and they flipped out. They said since she is now 19 that she is an adult and should not have told her parents. They told her to leave the restaurant and she was fired. Instead of helping her and addressing the problem they yelled and embarrassed her. She asked them to stop yelling and they replied that they could do what they wanted because she worked for them. She has been a loyal employee for 11 months waitressing and filling in when needed and even quit a day job after being told she would receive more hours which didn't happen. I do not think it is right that 2 grown men (the owners) yell and use extreme profanity because she informed her parents which we told her to report the problem to them. Do you think that she has a case against them?

Based on that, sounds like a good case for a lawsuit. Have her contact a lawyer to see what options she has, and how to proceed.

She does, but you'll have to see a lawyer right away.

Of course you have a case. SUE THEM before they assault any more girls. In fact there may be a long list of people who have been assaulted by these creeps.

CONSULT WITH A LAWYER and have the police investigate.

Once she reported the harassment, she is protected from retaliation. What the owners did to her was retaliation. Lawsuits for retaliation are the new "in" thing right now and are getting big bucks. This case may not get big bucks but it is worth something. Find an employment law lawyer in your area who will take the case on a contingency.

** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. Answering this question does not indicate an attorney-client relationship. **

big big money!

yes talk to a lawyer now and she was right to tell her parents..just as long as nobody tried to take the law into their own hands and retaliate against the cooks or the owners...

Sexual harrassment is against the law, and yes you do have a case against them. A company can not fire you when you have reported sexual harrasment. When a sexual harrassment case is reported the owners must speak to the employees and let them know that the person who filed sexual harrassment is uncomfortable with their words and/or actions and proper measurements must be taken to ensure that it does not happen again. Whether your daughter told you or not, nor is her age, relevant to how the company should have handled this case. There are strict state and federal laws against sexual harrassment. I would definitely consult a lawyer on this.

If she's in an at will state for employment she has no grounds to do anything legally, and all she can do is file a complaint with the dept of labor about her treatment.

I have a feeling if your daughter is like my daughter you're getting a much "dramatized" version of what happened? But regardless, there's not much legal remedy for working for crappy bosses. Sorry, I know that's not what you wanted to hear.

She should contact the government agency that oversees complaints of discrimination in the workplace, the EEOC. Their website has a lot of information. Also, they will sometimes represent employees who are victims of harassment. Since your daughter filed a complaint with her employer she should go to the EEOC. Read the FAQs and the How to file a complaint.

The answer to your question is on the website.

I am not a lawyer. Only licensed lawyers can give legal advise. This is just general information

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