i worked for Armstrong World Ind for 14 years. 13years 9 months of excellent work reviews, the last 3 months i was being harrassed by my husband, went thru a violent divorce, custody battle, so i was off on FMLA... when i returned a family member died and i took funeral leave, when i returned to work they fired me on my 14 year anniversary for not completing a safety test... there were two test that month, i passed one, didn't finish the second one. everyone is given 30 days.... i was not given 30 days due to the FMLA, funeral leave. i was also sexually harrassed by a supervisor, he took me into the office and said, jennifer you are a beautiful woman a man will come along a sweep you up, why dont you just get fired, armstrong will first deny your unemployment, but try again cuz they never fight the second attempt. I said to him i didn't spend 14 years building my career here to get fired the umemployment office told me they sent 14 years of good reviews, and they were confused as well. i got my unemployment first attempt..... i would like to know if i have a case a winning case? thank you
Employers generally win but largely because the employees wait too long to get an attorney. Retaliation cases generally are easier for employees to win than the out right violation cases.
If you want to have a hope of winning, contact an plaintiffs employment lawyer right away.
I disclaim everything and make no represention of the applicability or accuracy of anything I said here. You are not my client; i am not your attorney. I thought about making this disclaimer as a poem and quickly decided not to do so. Robert Frost can sleep easy.
I see some potential as to retaliation related to the FMLA leave, but unless there is more to the sexual harassment claim, that would not be viable. Sexual harassment is more of an on-going, pervasive situation, and just saying you were beautiful would be difficult to even classify as sexual harassment. Potentially sexist, which is a potential other claim, due to the old fashioned view about women it tends to suggest.
This response is only general information and is not legal advice. It does not form an attorney-client relationship and should not be relied upon to take or refrain from taking any action. You should seek a qualified attorney before taking any action related to your inquiry.
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