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Man claims wrongful termination after reporting sexual harassment

Doing the right thing is not always easy, but if an employee sees suspicious behavior in the workplace, it is typically best that it be reported to management. In most cases, one may think that this type of behavior would be rewarded and not punished. If a Texas business doesn't wish to deal with certain situations, however, the company may choose to fire the employee who reported the incident. That could lead to a wrongful termination lawsuit.

A man who worked for Baxano Surgical says his former employer retaliated against him for reporting sexual harassment. The man claims that he witnessed another employee sexually harassing one of his female coworkers. He wrote an email to the CEO and president of the company, detailing the events and the workers who were involved.

Less than a day after the plaintiff composed the email, he was fired. According to his lawsuit, he had received exceptional performance reviews. He was also ranked among the top three salespeople in the company. The man believes that the email had a direct correlation to his firing and was an act of retaliation.

A complaint was filed against Baxano Surgical for the alleged wrongful termination as well as a claim of intentionally inflicting emotional distress. Texas workers who feel that they have lost their jobs unjustly for reporting unethical behavior may have the right to file a claim against their employer. If the case is successfully navigated, the worker may receive monetary damages, lost wages and possibly be reinstated to a former position. The best place to start is to arrange a careful review of all of the available facts and circumstances by an employment law professional in order to assess the viability of proceeding by means of civil litigation.


Source: The Southeast Texas Record, "Man says company wrongfully fired him for reporting sexual harassment", Kelly Holleran, Oct. 2, 2014

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