I was wrongfully termed from my job on 3/2/07, discrimination and retailiation for a sexual harressment complaint I made to HR. Never rec'd COBRA inform. or termination paperwork. I have an employee relations person w/the company doing an investigation of this situation and EEOC filing charges against the comp., is there anything else I can do? I have contacated an atty., but was told file w/EEOC, that Texas is an at will state, is there anything else I can do? Any help is greatly appreciated.....I thought about going to the media?
2007-04-05 03:17:16 · 5 answers · asked by ccj 1 in Business & Finance ➔ Insurance
You can go to the media, but it will jeapordize your sexual harassment case. I'd talk to an attorney about it. Plus, I'm sure they used a different excuse - you'll have to prove it's made up, in order to win a wrongful termination suit. You'll ALSO have to get a lawyer.
If you have a hard time getting a lawyer to sue on contingency basis, you probably don't have much of a case.
2007-04-05 03:26:40 · answer #1 · answered by Anonymous 7 · 0⤊ 0⤋
I am not familiar with EEOC in Texas.However...any attorney worth his salt would find out if your employer had EPLI coverage. (Employee practices liability insurance). This covers the employer against wrongful termination...sexual harassment and discrimination. The employer would have to file under this coverage. Many of these cases are settled out of court with the insurance company doing the bargaining to prevent going to court.
2007-04-06 16:09:49 · answer #2 · answered by DFK 3 · 0⤊ 0⤋
You should speak with HR about it and ask why you haven't been given this option. They may say you don't qualify. Under the regulations, if the company terminated your employment due to "gross misconduct," it doesn't have to offer you COBRA. From the company's point of view, if you filed a false sexual harassment complaint, you fall into this category.
You can also call the USDOL for compliance assistance: 1.866.444.EBSA (3272).
2007-04-05 14:41:51 · answer #3 · answered by Suzanne: YPA 7 · 0⤊ 0⤋
Spend this time looking for a new job. Impatience can create new problems. Right to work state means they don't have to keep you. Leave the company relations person with the company out of your business. They are not working for you.
Let the EEOC do their work without your interference. Especially since you want a successful outcome.
2007-04-05 10:40:37 · answer #4 · answered by Venita Peyton 6 · 1⤊ 0⤋
Since you were never given a COBRA form any hospitial or medical expenses you incur will be ordered to be paid by that company and you will only be responsible for them until your lawsuit goes through against them.
2007-04-05 14:03:47 · answer #5 · answered by lllll 4 · 0⤊ 1⤋