Is retaliation when a company doesn't hire you after u sue them for wrongful termination due to sexual harassment?

Asked about 1 year ago - Lynbrook, NY

and they have made notations in my file barring my future employment

Attorney answers (5)

  1. Ryan M. Finn

    Pro

    Contributor Level 13

    4

    Lawyers agree

    1

    Answered . Could be. If you were the most qualified applicant and they refused to hire you because you made a complaint, then yes. How was your claim resolved? If there was a settlement then you need to check the settlement or separation agreement to see if they inserted a "no hire" clause into the agreement.

    PLEASE READ THIS DISCLAIMER * I very much like to offer my advice and guidance to those in need. It is why... more
  2. Andrew Endicott Schrafel

    Contributor Level 14

    2

    Lawyers agree

    Answered . There are a bunch of facts needed to give you a complete answer. If you are suing a company for wrongful termination and you are represented, that attorney would be best able to answer those questions.

  3. Jordan Alexander El-Hag

    Contributor Level 5

    2

    Lawyers agree

    Answered . Retaliation is where an employer takes an adverse employment action against an employee who engaged in some form of protected activity. Some examples of protected activity are filing a complaint for unpaid wages, forming a union or filing a discrimination suit. Failure to hire is an adverse employment action so if this was motivated by retribution for filing a sexual harassment suit, then that probably satisfies the test.

    Your question is interesting because it indicates that you were working and then filed suit after you were terminated. Then at some time pending suit you applied for a position again and you were denied employment. This is a very unique set of facts because most people wold not reapply for a position. If your sexual harassment suit is successful your employer may be ordered to reinstate your employment. In the meantime, you may have an additional retaliation claim.

  4. Vincent Peter White

    Contributor Level 18

    1

    Lawyer agrees

    Answered . You may have a viable claim, I suggest you arrange a free consultation with an experienced employment attorney immediately.

    This answer does not constitute legal advice and you should contact an attorney to confirm or research further any... more
  5. Christine C McCall

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . On the bar exam, sure.

    In theory, most likely.

    In real life and the real world, no, not a chance.

    In an employment lawsuit the plaintiff will spend a lot of time, effort, and $$$ before the employer has any obligation to account for the failure to hire a specific employee for a specific position. By the time that obligation rolls around, if ever it does, the employer will have something adequate to say in its defense. Employers are not anywhere near as stupid as one might conclude reading through Avvo posts.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended... more

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