What are my rights if Iam terminated from a cash paying job when thereare workman’s comp and sexual harrassment issues?

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What are my rights if Iam terminated from a cash paying job when thereare workman’s comp and sexual harrassment issues?

I was hired as a beverage server being paid by cash with no taxes and no 1099’s issued. I was injured at work, and verbally assured that any outstanding bills would be paid by my employer. During my tenure of employment, I and several customers have been sexually harassed with my case being my blouse raised and breasts exposed. It is imminent that I will be terminated, and I need to know what legal action I can take to stop this person from stopping unemployment, and keeping him from doing to others what he has done to me.

Asked on August 16, 2010 under Employment Labor Law, Wisconsin

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You are in a very tough position.  Being paid in cash means that there is no record of employment or of wages to base an unemployment claim on.  It also places you in a position of being acused of evading taxes along with your employer.  As for the issue of harassment, a good lawyer can couch the situation as one separate and apart from during the course of employement, as you have indicated that others who were not employed there have been treated the same way.  Seek legal help in your area.  Try and have the other women treated the same way stand along with you.  It will help your case.  Good luck.


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