English
EspañolIs it legal if my employer harasses me or tells co-workers about my situation?
Your employer cannot fire you, harass you, or punish you in any way, for asking for this time off or for taking this time off.
Also, the law requires your employer to keep your domestic violence or sexual assault situation confidential.1 For example, your employer cannot tell your co-workers, your clients, or other employers that you took time off to deal with domestic violence. Your employer also cannot talk about or write about (disclose) the reason for your time off.1
116 V.I.C. § 99c(d)(3)
If I am fired because I took time off for my domestic violence or sexual assault situation, what can I do?
If you were fired because you took time off to go to court or to get other help to deal with domestic violence or sexual assault, you may be able to take action against your employer. The law says that any employee who is discriminated against or fired by the employer because s/he has taken time off to handle a domestic or sexual violence situation is entitled to:
- return to her/his former position; and
- be compensated for lost wages and work benefits.1
Also, the law provides that it is a misdemeanor crime for an employer who knowingly refuses to rehire, promote, or bring back an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure or a hearing authorized by law.1
You may want to talk to an employment lawyer who is familiar with wrongful terminations for more information about your legal options. You can find legal referrals on our VI Finding a Lawyer page.
1 16 V.I.C. § 99c(e)
