fired for sexual harassment that was not intended

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TJCombs

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i was fired on a charge of sexual harassment due to a practical joke played off the clock and out of uniform on another employee, while several employees and even managers blantantly sexually harass others all the time day in and day out i have heard lewd comments. i have even seen a manager hit on a girl under the age of 18 and i see nothing done about any of that, yet i play a harmless joke on an employee as many have done before me and i get fired for it.

my question is do i have a case that would hold up in court and do i need to contact an attorney? i have no clue how to go about this as this is the first time anything like this has ever happened to me. also on a side note not sure whether this is relevent or not but i have been forbidden to set foot on the property as well unless i'm picking up my paycheck
 
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I notice you didn't tell us what the "harmless prank" was.

Yes, you can be fired for a prank done off property and out of uniform on your own time simply because there is no law that says you can't.

The owners of private property have the ability and right to permit and deny access to that property.
 
what happened was we put a couple condoms on the car of someone we knew from work, stupid yes i know but like i said just a joke, i even took them off after it was over. no harm done to the car or the person but yes i know i can get fired for that obviously now, i'm just wondering if i have a case seeing as i've litterally seen a manager go up to an underage employee and say in the exact words "i could f*** you better then your boyfriend" surely that would be considered sexual harassment. as is having managers and employees asking for sexual favors. and most the time from what i've seen yes it's unwanted attentions
 
TJCombs said:
what happened was we put a couple condoms on the car of someone we knew from work, stupid yes i know but like i said just a joke, i even took them off after it was over. no harm done to the car or the person but yes i know i can get fired for that obviously now, i'm just wondering if i have a case seeing as i've litterally seen a manager go up to an underage employee and say in the exact words "i could f*** you better then your boyfriend" surely that would be considered sexual harassment. as is having managers and employees asking for sexual favors. and most the time from what i've seen yes it's unwanted attentions
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Unless you're the victim, you have no case whatsoever.

(and yes, that was a very foolish prank - and an expensive one, as you're now learning!).
 
As I tell my wife often, just because someone else did something wrong doesn't mean that what you did wrong is ok. Hey, it never works with her either, so I doubt you will see it that way. If the manager in question RAPED the underage girl, it would not change what you did or make it any better. Should they punish the manager? You bet. Does the fact that he got away with it make your situation any better? NO.
 
How did you get connected to the prank?
What proof ties you to the prank?
What penalty was meted out to the others?

The time for you to have reported the bad conduct of others, was when it occurred.


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Actually, it is very relevant the behaviour mentioned about the other manager(s). This is known as condonation, the company has essentially condoned some forms of sexual harassment while holding you to a higher standard. Your intention (or lack of intention) is also relevant.

On the other hand it does not change the fact that what you did was a form of sexual harassment. The act of sexual harassment has nothing to do with your intention or what anyone else did. BUT, intention and condontation are relevant in terms of the punishment or the action taken by the company. It sounds to me like you were over-punished. I believe you would have a case, however wether or not you have a strong case is hard to say.

Here are some things to consider:

- Were you previously warned?
- Did you have other issues in terms of getting along or performance related issues?
- If you were given any compensation?
- Does your Employment Contract say you would be entitled to compensation if you were dismissed without cause?
- Would you be willing to go to court without a lawyer such as small-claims?
 
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I tell my kids this all the time (and I'm not trying to put you down) It doesn't matter what everyone else does, it doesn't excuse what you do.

Your theory of being "wronged" is that what you did isn't as bad as what they did. Right?

Well think about that for a minute. If the Manager had groped that underage girl do you think you would then be excused for telling them you wanted to have sex with them? You see? Just because what you did wrong isn't as bad as what they did wrong it doesn't give you a pass. Sure they should be fired, and they will eventually get fired, cost the company a mint or both. But it doesn't help you a bit.

Sorry man. I think we are way too uptight about things now but that is how it is. (Not that I agree with what you did, just that we blow everything out of proportion.
 
Thankyou for responding.

I agree with you, that the act was wrong and I am not trying to excuse it.

The issue I was trying to bring up is whether the punishment fit the offense.
 
Another possibility is that the employer got fed up, decided to draw a line in the sand, and you were the next employee who stepped over it.

And with SH, intent is absolutely IRrelevant.

There is no such word as condonation.
 
Your first link does not work. But I am well versed in sexual harassment issues; in fact, I get paid for conducting sexual harassment training. And the intent of the accused is not relevant to whether it is or is not SH or not; if it were, all anyone would have to do is say, Oh, I didn't mean it to be harassing, and they'd be off the hook for even the most outrageous offenses.

The source I consulted showed condonation as an obsolete term. However, the fact remains that an employer is not prohibited from disciplining one employee simply because they have not disciplined another one in the past.
 
Considering the actions of the managers and others, let's remember that regardless of what is said or done it is not sexual harassment unless someone is actually harassed or offended.
In this case, apparently the "joke" didn't go over too well and someone took offense. That's all it takes.
It was very foolish to do something of that sort at work, whether on the clock or not.
 
Denis-
As to whether or not the punishment fit the offense, I would venture to say that it did.... but we would really have to know more about how offended the other person really was. Perhaps it was something simple that was blown out of proportion? Maybe that person was genuinely offended and no longer felt safe at work or around those people?
Most places have a zero tolerance policy- so yes, being fired is certainly fitting.
 
And let us also remember that it doesn't matter whether it qualifies as SH or not; if the company finds it inappropriate, they may take what action they see fit.
 
I hate to tell you this but in this day, yes. What you did could be construed as creating a hostile work environment even though the joke was outside of work, she has to come to work everyday with you guys.

What the managers did is irrelevant to you. I know that isn't what you want to hear. Sorry.
 
TJCombs said:
i was fired on a charge of sexual harassment due to a practical joke played off the clock and out of uniform on another employee, while several employees and even managers blantantly sexually harass others all the time day in and day out i have heard lewd comments. i have even seen a manager hit on a girl under the age of 18 and i see nothing done about any of that, yet i play a harmless joke on an employee as many have done before me and i get fired for it.
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Dude, that was so unfair of them.

Firing you, dude, was NOT cool.

In fact, dude, it was cruel.

TJCombs said:
my question is do i have a case that would hold up in court and do i need to contact an attorney? i have no clue how to go about this as this is the first time anything like this has ever happened to me. also on a side note not sure whether this is relevent or not but i have been forbidden to set foot on the property as well unless i'm picking up my paycheck
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Whenever I need to contact my attorney, I use my phone to call her.

If you need an attorney, ask your friends and relatives if they can recommend one to you.

Then just call him/her and make an appointment and tell him/her what they did you, dude.

Damn, it was a joke.

Even I get it.

Yeah, that's another one of their tactics to humiliate you.

They ban you from their property.

All you want is your paycheck.

They never quit.

But, that just means more money when you win because they illegally banned you, dude.

This is America, and they are discriminating against you.

Tell your lawyer about that.

If you do go back to their crappy building, take a witness with you.

You can call the cops and ask them to come and watch you pick up your stuff.

They call this a civil standby.

Dude, you been so wronged I can't believe it.

But, you're about to get paid, boooooiiiiiiiiiiii, so hang in there!
 
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