How do I handle being fired due to harassment?

There were several co-workers who were harassing me on the shifts that I worked with these individuals. I have alerted all 3 managers, as well as the district manager. Nothing was done to alleviate the problem. In fact, the district manager told me that I was not being harassed. However, he didn’t look into it, therefore it felt as if he didn’t care. He told me if I do not feel comfortable then to leave. I told him that it’s very difficult to endure working along side these individuals who clearly do not want me there and if I could take off the only one day I am scheduled with them. He said if I cannot work this said day, then I do not need to return to work. I was fired because I was scared to work alongside bullies, while the managets turned their cheeks and ignored the situation. I know this is illegal but I am not sure where to go from here. By the way, I have recorded phonecall, and my district manager was made aware it was being recorded between him and I where you can clearly hear his inconsiderate response to how I felt about the harassment. It is in this phone call I was given the ultimatum to come work with the people who are harassing or be fired.

Asked on October 2, 2017 under Employment Labor Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Unless you were harrassed due to some form of legally actionable discrimination, then you have no case here. In other words, your treatment must have been due to your race, religion, national origin, disability, gender, age (over 40), etc. Therefore while your situation was unfortunate, it does not constitute grounds for a lawsuit. The fact is that most employment is "at will". This means that absent an employment contract or union agreement to the contrary, a company can set the conditions of the workplace much as it sees fit. 


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