When there is an allegation of sexual harassment in the workplace in Louisiana, there may be an automatic expectation that it is based in truth. This circumstance can be made worse when the person who made the allegations is subsequently dismissed from a job. While these cases take the appearance of wrongdoing, that does not mean that there was an automatic violation of state and federal employment law. A business always needs legal help to protect from lawsuits. If employment litigation is moving forward, then it becomes even more imperative to be protected.
A lawsuit was filed against a Louisiana company on behalf of a woman who asserts she was fired from her job just days after she alleged that she was subjected to sexual harassment by the son of the company’s owner. The company has been in business for nearly two decades and began at the home of a Louisiana resident. It now has several locations throughout the Pelican State. The filing was made by the U.S. Equal Employment Opportunity Commission. It says that the case was filed after no agreement was made through negotiations.
The lawsuit says that an assistant manager at one of the stores got a call from a co-worker, the owner’s son. In it, he is said to have made sexual comments and propositioned the manager. She complained to the owner that day and then complained again several days later. She was informed via text message that she was dismissed. She tried to speak to the owner, but could not get in touch with her. She filed a lawsuit. For its part, the company says that it was a prank call alleging to be the son of the owner and it was believed to have been resolved before the employee continued complaining about it and was subsequently fired.
The EEOC believes that there was reasonable cause to think there was retaliation. Since no conciliation agreement was made, the case has been filed in court. Cases like these can be difficult to assess because much of it is based on one person’s word against another’s. With that in mind, a company must make sure to protect its interests with a qualified legal firm that is experienced in providing defense in cases of sexual harassment, wrongful discharge and any other form of employment litigation.
Source: NOLA.com, “Amy’s Country Candles accused of firing woman who claimed sexual harassment by owner’s son,” Ken Daley, July 10, 2017