Regarding your question about the victim being able to have management fire a State employee if you win a sexual harassment case, it's not that simple. First, the employer is the one that makes the decision regarding what discipline to impose against an employee who has engaged in wrongful conduct. Moreover, discipline in the context of public employment is a complicated matter, and even if the decision is made to terminate an employee, there are procedural requirements that need to be followed, and appeal rights that an employee can avail themselves of. In any case, rather than focus on asking if someone can be fired, you need to deal with the other issues in your post, such as the allegation of retaliation, your union issues, and your having apparently lost your job. You need to consult with an employment law attorney who can sort all of it out and advise you how to proceed. Use the Find a Lawyer tab on Avvo. Also, here’s a link to the California Employment Lawyers Association website where you can search for an employment law attorney in your area. CELA attorneys specialize in representing employees and many offer free consultations. Best of luck to you.
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It sounds like a lot was going on here and there needs to be a discussion in greater detail regarding the particular facts in your case. 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. Many attorneys handle these cases on a contingency percentage fee, taking a percentage of the recovery. In contingency fee arrangements, there are no hourly fees. In some states attorneys do not charge anything for an initial appointment to discuss your case but in others there is a reasonable fee charged to compensate the attorney for their time and advice. I would suggest that you begin your search for an attorney on this Avvo website. There is a tab "Find A Lawyer" on the home page of Avvo at www.avvo.com that will help you find a lawyer in this practice area in your locale. Good luck!
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To answer your question, lawsuits are about money. If you can prove you were sexually harassed, a court of law will permit a jury or judge to award you monetary damages which you can show resulted from being sexually harassed. Both the employer and the harasser can be held liable for these damages. However, the court has no power to order the harasser fired. That is a decision which is solely within the employer's discretion.
They say you get what you pay for, and this response is free, so take it for what it is worth. This is my opinion based on very limited information. My opinion should not be taken as legal advice. For true advice, we would require a confidential consultation where I would ask you questions and get your complete story. This is a public forum, so remember, nothing here is confidential. Nor am I your attorney. I do not know who you are and you have not hired me to provide any legal service. To do so would require us to meet and sign written retainer agreement. My responses are intended for general information only.
You are not precluded pursuing claims against the Employer even if you no longer work where the harassment occurred; however, it is unclear whether you filed your claim with an Equal Employment Officer internal to your company or with the EEOC (Equal Employment Opportunity Commission). If the latter, the EEOC may not continue to pursue the claim if you are no longer employed. EEOC could elect to close the claim and issue a right to sue letter. The likelihood that you will see the video security camera evidence is stronger if you have the ability to do formal discovery through a lawsuit. If your employer has deleted evidence there could be consequences for that conduct. If you wish to pursue your claims for damages outside of the EEO claim, there could be timelines running. There are several issues we cannot address on the facts as listed in your question. You should consult with an attorney to fully describe the circumstances regarding your employment, whether you are still employed or seeking another job, and what options you have on your particular timelines.
Your union didn't mean that you have "no" rights. The union meant that the union would not argue any rights not based in the collective bargaining agreement, and not after your termination if you do not challenge your termination under the CBA. This is ordinarily a position memorialized by the CBA, and is not a breach of the union's duties.
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