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Can i sue my past employer? ( sexual harassment and slander)

Jensen Beach, FL |

i worked there 10 years on and off. im a single mom. I was sexually harassed by the owner, on many occasions. december 31, 2013 was the last time, then i seen the manager stealing tips off the tables and made a comment on it and was then fired for it. Now a month and a half later, im still trying to get a job. and cant get hired anywhere. so i had my friends and family call for a reference to see what they are saying when potential employers are calling. what is being said is that , Im a good employee when i showed up to work, if i showed. i dress inappropriately with hoochie shorts. i should just go get a job at hooters. if you hire me then good luck to you because i am a hard core partier. Im seriously at my breaking point with this and dont know what to do.

Attorney Answers 4


  1. It sounds like you might have a viable claim. Reach out to an experienced employment lawyer to evaluate your claims.


  2. You may possibly have viable claims as to sexual harassment, but there are nowhere near enough facts in your post to make such a determination. As a fair amount of time has already passed from when you left your employment, you would be best served to meet with a qualified employment attorney as soon as possible.

    Slander claims against an ex-employer can be difficult for many reasons. For example, employers have some statutory protections for communications made in good faith. Moreover, you may have some difficulty getting the prospective employer to admit that they did not hire you because of the false statement made by your prior employer. Additionally, and perhaps most importantly, few lawyers will handle these types of claims on a contingency fee basis as there is generally no ability to collect fees.

    As the other attorney noted, you would be best served to set up a meeting with a qualified employment lawyer to discuss your matter in some detail and to do so without delay. Good luck.


  3. Without more information it is not possible to give an opinion about this. The best advice would be to set an appointment with an attorney who specializes in employment law and sexual harassment cases. Then after a thorough review of all of the facts, they can give you an opinion as to whether you have a viable claim, and what procedural steps you should take. Many attorneys handle these cases on a contingency percentage fee, taking a percentage of the recovery. In contingency fee arrangements, there are no hourly fees. In some states attorneys do not charge anything for an initial appointment to discuss your case but in others there is a reasonable fee charged to compensate the attorney for their time and advice. I would suggest that you begin your search for an attorney on this Avvo website. There is a tab "Find A Lawyer" on the home page of Avvo at www.avvo.com that will help you find a lawyer in this practice area in your locale. Good luck!

    If this information has been helpful, please indicate below. I hope my information is helpful to you. If you think this post was a good answer, please click the "Good Answer" button below and/or designate my answer as the "BEST ANSWER". Thanks. This is a general response to a question for basic information and is not legal advice. Legal advice can only be given when all of the facts of your situation are discussed with a lawyer, which we have not done.. If you reside outside the State of Texas please understand that the laws may be different from the laws that I may cite in a my comment. This comment is not to be construed as legal advice to your particular situation because there are many factors that influence legal counseling- this is simply a comment. Response to an email does not create an attorney-client relationship between you and the Law Offices of Kevin R. Madison, P.C., nor any of its attorneys. If you send us an e-mail, or call us, and we do not already represent you, neither your e-mail inquiry nor telephone call will create an attorney-client relationship. E-mails cannot necessarily be treated as privileged or confidential. Only entering into a written legal services contract with the Law Offices of Kevin R. Madison, P.C. will create an attorney-client relationship. There is no substitute for one-on-one legal advice and you are urged to meet with an attorney and discuss your case, personally, with an attorney in the state in which you reside or your case occurred. Thank you. Kevin R. Madison. Kevin Madison, Austin, Texas- representing injured persons in motor vehicle collision, truck and motorcucle accidents and representing victims of sexual harassment, sexual assault, sexual abuse, physical assaults, and representing victims of sexual exploitation committed by doctors, therapists, psychologists, psychiatrists, clergy, counselors, priests, and rabbis.


  4. Please keep in mind that this recommendation is based on a limited number of facts provided in your question. Additional information may be required, and additional facts may change this recommendation. You should immediately seek the advice of a qualified attorney in the area. In most states, you must file a charge of discrimination within 180 days of the last act of discrimination and/or harassment. That may include giving a false report of poor job performance to a prospective employer in retaliation for doing an act that is protected under the law.

    To be safe, you should find an attorney to help you to file a charge of discrimination before 180 days passes after your firing.

    The foregoing are comments to a general question of law, and should in no way be interpreted as legal advice. This information does not create an attorney-client relationship. The choice of a lawyer is an important decision and should not be based solely upon advertisements.

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