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Did my employer retaliate against me for filing a formal complaint of sexual harassment? Is now stating I voluntarily resigned?

Mosinee, WI |

I believe I was retaliated against after filing a formal complaint of sexual harassment against one of my supervisors. I was never spoken to about the complaint, but my work area was moved to a small corner of the back of the building, next to a unisex restroom, I had other employees and direct supervisors direct inappropriate comments towards me, in regards to the complaint, was called a lot of names, and had pens thrown at me. I was suspended for unclear reasoning, and in the midst of the suspension received a very vague email stating my employer had accepted my voluntary resignation, which I had not done, Now they are refusing my records, and stating I cannot contact them, even though I am owed over $1500 in wages. The owner has sent me very threatening emails. and I have kept a log.

Attorney Answers 4


  1. If you have a discrimination theory about retaliatory discharge or hostile workplace conditions you'll need a lawyer. Religious belief, age, gender, race etc. all are discriminatory reasons for which you cannot be legally fired and upon which you might base a wrongful termination suit.

    If you are an at-will employee, you can be fired for any reason or no reason, except unlawful discrimination. If you do not have an employment contract or union to represent you, your recourse is limited. Discrimination based on age, gender, race, religious beliefs etc.... may give rise to a different answer.


  2. This situation has deteriorated way past the point where information on this site can help. You need to consult a qualified employment or discrimination lawyer right away. Try your local bar association or the National Employment Lawyers Association.

    Disclaimer: This site exists to provide information only. It is not legal advice. Answering your question does not create an attorney-client relationship. I am a Massachusetts lawyer. Any information provided on this site does not, except as explicitly stated, imply familiarity with laws or procedures peculiar to your state which may differ from those where I practice.


  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. Most attorneys handle these cases on a contingency percentage fee, taking a percentage of the recovery. There are no hourly fees and most attorneys do not charge anything for an initial appointment to discuss your case.

    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. Visit our website at www.kevinmadison.com and www.texassexualharassmentattorney.com. 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. Visit our sexual harassment/sexual exploitation blog at http://texassexualharassmentattorney.com/blog/


  4. Finding an employment attorney isn't always easy, believe it or not, and if you run into a wall, you can always file a complaint with either the Equal Rights Division or the Equal Employment Opportunity Commission while you search. Both offices have a referral list as well. Best of luck and this is unfortunate.

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