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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.

Attorney Answers 1

  1. 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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