I started work for a trucking company. On my second day of work I was ordered to sign truck drivers signatures to D.O.T. trucking logs and all their paperwork in their files due to an inspection coming up. This included W-9 forms. I refused and was fired. On that same day my boss tells me all about how he likes me and wants to date me. He said he wanted to love me and have me lay on his shoulder. What do I do?!!! I recorded everything and have audio record of the illegal activity as well as the sexual harassment.
Also in this recording I asked him what have I done for you to have this personal interest in me and he clearly states "Nothing, you have done nothing...it is just you. Ever since you walked into my office I just melted." "I like your eyes, your hair, just the woman you are...I want to take care of you."
Employee Benefits Lawyer
Texas is an employment at will state. Typically, unless an employee has an employment contract, or is employed under a collective bargaining agreement through a union, the employer can modify or terminate the employment at any time with or without cause. If an employer, at any time, decides they no longer want to employ someone, for any non-discriminatory reason, that employee can legally be terminated. However, an employer generally cannot terminate an employee for prohibited discriminatory reasons (such as racial discrimination), or in retaliation for certain protected actions (such as whistle-blowing). The description of the situation, which you have provided, includes the elements of retaliation and sexual misconduct. I strongly encourage you to consult an experienced labor and employment attorney right away. Provide the attorney with all of the facts and the recording you mention. Allow him/her to provide with you specific legal advice.
Your question has been answered as a courtesy. This is not paid legal advice. Nothing in this communication is intended to create an attorney-client relationship. Unless expressly stated otherwise, nothing contained in this message should be construed as a digital or electronic signature, nor is it intended to reflect an intention to make an agreement by electronic means.
These cases all depend on specific facts, but you likely have some favorable facts for impermissible retaliation. You would be best served to find a local labor/employment lawyer in Texarkana and have your particulars reviewed, and advised accordingly about your rights and options to pursue against the employer and/or the boss individually. You can use the avvo lawyer search to locate some lawyers in the area if you don't already know of one you would be interested in speaking with.
Best of luck
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Sexual Harassment Attorney
You should speak with a lawyer to delve into the specifics (and timing, namely which came first, the W-9 forms incident or sexual harassment, and if the SH, whether you complained about it to management) of what you've described in your post. Once you and a lawyer discuss the specifics and he/she is able to analyze your allegations, then he/she can advise you as to what steps you may want to take from here.