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I was discharged for tardiness and absences, after I complained to HR about the fact that my team manager sexualy harasses me.

Albuquerque, NM |

Another girl complained 2 weeks after I did, and she had proofs (text messages).Then a third girl complained, and I know another girl ahead of me got fired in similar circumstances.
I worked in a call center doing customer care and sales.I inquired about my comissions, and payroll lied I was not paid for my sales because my score is 50 (customers feedback). When my new manager verified my score we both saw is 80. I asked her to print me out the info, she refused.Aprox. one month after that been fired
I applied for unemployment, they have been denied based on folowing issues: CHG -Section 51-1-11B and 11.3.400.419 NMAC
MC-51-1-7A(1) and 51-1-7A(2).
I was late & explained that couldn't wake up,worked 50h's that week&moved out to motel, spouse abuse(dialed911)Hearing appeal on wednesday.
Ty

Attorney Answers 1

Posted

First, it appears from what you have written, the company may have responded to the report of sexual harassment, in that you had a new manager, and it was this new manager who terminated you.

Next, it appears that you were subsequently terminated because you were late.

The question is whether a reasonable person would see the second event as being linked to the sexual harassment. It is possible they would, although I am not certain they would. If they would not, then you have to realize that NM has at-will employment state which means you can be terminated for being tardy.

If you believe that you were terminated for an improper reason, I would you can look for a free consult from an attorney who can review the facts with you.

I am licensed in New Mexico and Pennsylvania, and therefore any discussion of issues related to other states must considered within that context. In addition, my comments are not intended to create a legal representation but merely to respond to the limited facts presented by the question. Any opinion herein is not meant as a precise statement of legal rights or as a recommendation of any particular course of action. A more complete legal review can be obtained through local counsel.

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4 comments

Asker

Posted

Thank you for taking time to read and answer.The situation is more complex than I could explain it here.HR didn't took any measures, I was under the supervision of the same male manager for another two weeks.After second girl complaint, they moved me to another desk, making it look like I am under a different team manager , as I was getting directives by email from the same male manager, and not from new one.HR totaly disregarded second girl's request to change teams.The male manager was left in the same position, nothing was done against him.He missed work a lot, once for beeing in jail ( he abused his wife), then he had some leg injury missed more than a week. Attendance policy was applied selectively.Second girl almost got fired, and she told me after she begged management, they changed her mind.I filed a complaint with EEOC, and they knew that, and I guess that's what stopped them from firing the second girl. The corporate office sent a representative to the center, and told management that if they don't fire the male manager, they will close the call center down.The manager lady that was my last supervisor with the head of the department(female) asked a girl to flirt with the male manager and report him afterwards.He was fired, reason: sexual harassment & attendance.They try to prove I was not discriminated against.HR asked me to write a letter, so they might reconsider my termination.I never did(simply can't trust those people).They deny me UI benefits.I have a hearing Wednesday with ALJ, what would be my best approach? Looked up trying to understand issues for denial, seems to me like now one of the reasons they deny me benefits is because I was offered the chance for them to reconsider, chance I didn't took? Had strong reasons not to. There is any way I can get in touch with you? Thank you for taking time to read and answer.

Norman Antonio Stiteler

Norman Antonio Stiteler

Posted

I am sorry, but at this time, I do not maintain a private practice. There are a number of alternative sources of advice. First, I would suggest that you immediately seek out an attorney to represent you on Wednesday. If you are able to speak to an attorney, again, you might want to explain the circumstances, using a timeline that you can prepare. I know the New Mexico Bar association keeps a list of attorneys on its website, start there: http://www.nmbar.org/findattorney/attorneyfinder.aspx A word of advice, make certain to limit your search to New Mexico and Albuquerque, otherwise you will be seeing attorneys with practices in other states.

Asker

Posted

Thank you so very much for advice...my "luck" I guess, you seem to be a great lawyer, and regret I will not have the privilege to personaly meet you. Very much appreciated all the help provided. P.S. I am lecturing NM Statues , Federal laws (overtime computations,wages,etc) discrimination , retaliation and sexual harrasment laws and different cases with regard to each matter...my head is spinning, I surely need a lawyer. I also think my employer is trying to pass the burden to the state due to abuse issue, but no, they are guilty, they souldn't fire me in the first place, been protected not only by the antiretaliation law, but also by the statues of NM Chapter 50, Art. 4A. I so much regreted to see that the law with regard to employment of women 2006 was repealed. Worked 4/10 schedule in a stressful environment already, and pushed myself regardless of the situation I had at home, and worked black friday another 10h's, no matter was paid holiday. For them to accuse me of misconduct is wrong, as they were the ones that willfully and maliciously acted against the company benefit, foolishly believing the opposite. I have strong evidence, and my coleagues are very supportive, the whole call center knew and witnessed the injustice.They voluntarily called /text msg. me to update me with the latest events and they are willing to testify. Thank you so much, Mr. Norman, I will follow your advice. God bless you, Sir.

Asker

Posted

Discovered I was issued 2 Final Written Warnings, one of them in a day I was off, the last one, and the first one was issued from the supervisor that harassed me. My termination was based on the second final written warning, employer mentioned there that policy was fully reviewed at that time, etc...gross error...in my day off? Is simply ridiculous.

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