Although it is illegal, many employees are still the victims of sexual harassment. West Virginia workers may not speak up out of fear of retaliation, including concerns about losing their jobs. Sometimes, however, observes a hostile work environment and tries to do the right thing by reporting the incidents to a supervisor. A few employers, however, simply don't want to deal with the situation and silence the worker with a wrongful termination instead.
A former worker for a surgical company believes that his witnessing sexual harassment led to his termination. According to his complaint, the plaintiff witnessed what he deemed to be sexual harassment between a worker and some female employees. He believed that the behavior was against the law and a liability for the company, and he wrote an email to the CEO detailing the incident and who was involved.
Less than a day after the plaintiff composed the email, he was terminated. In the past, he claims that all of his performance reviews were favorable. He asserts that, for his region, he was also ranked among the top three sales people.
In his lawsuit, he states that the company purposefully retaliated against him for reporting the sexual harassment. He filed a claim against his employer for loss of income, other monetary damages and associated legal fees. West Virginia employees who have witnessed a workplace harassment situation, or otherwise hostile work environment, can follow the chain of command and report the incident. If improper recourse is taken against the worker for speaking up, the worker may file a claim against the employer. If successful, the claimant may be awarded lost wages, monetary damages and possibly even be reinstated into his or her former position.
Source: setexasrecord.com, "Man says company wrongfully fired him for reporting sexual harassment", Kelly Holleran, Oct. 10, 2014