Legal Forum
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
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Posted: 2006-06-06 05:10
if a high level executive was found having inappropriate behavior (sexual) on company time with company employee, other than discharge, can the company take any legal action against him/her. This employee worked in 1 of his/her departments.
hrbth
Joined: Oct 24, 2002 Posts: 1547
Posted: 2006-06-06 09:01
Was it harassment or consensual? What kind of legal action are you thinking of? Why don't you just fire the two individuals?
rrupert
Joined: Feb 15, 2006 Posts: 1686
Posted: 2006-06-06 11:24
Yes, if it is against company policy to have a relationship with a subordinate (which it usually is), then they could be fired for breaking a company policy. Even if it was consensual, it could later be claimed that the lower level one was forced. It is NEVER a good idea to allow this to happen within a company.
I agree with Hrbth...I would terminate both for breaking policy.
I would be curious as to whether you are one of the two parties, just because the way that you phrased the question.
rr
hrbth
Joined: Oct 24, 2002 Posts: 1547
Posted: 2006-06-06 11:37
The reason I asked if it was consensual was because if it was, then it's not harassment. I'm puzzled too as to what kind of legal action you think your company could undertake against one or both of these individuals. Finally, you don't need a policy against superior/subordinates having consensual sex to fire them, you can just fire them, period. (Make sure it was consensual, though, if it was harassment, then firing the harassee would be illegal.)
hrdir6192
Joined: Sep 13, 2001 Posts: 216
Posted: 2006-06-07 05:43
we're in the discovery process and wanted to know our options. both people will be difficult to replace if found guilty, especially the high level exec. legal question was because of his/her fiduciary responsibility to the company, didn't know if we could do something - i know it was a stretch, just looking for creative options. AND no, it's not me! Should be obvious why question was worded as such....Nice try.......
nork3
Joined: Feb 12, 2002 Posts: 3876
Posted: 2006-06-07 05:54
As the previous posters correctly stated, you can impose discipline on these employees consistent with past practices or policy up to and including termination of employment. I am not sure what further "legal action" you might have in mind.
I am a bit disturbed by your use of legal terminology such as "discovery" and "found guilty". Unless you work for a law firm, I would strongly suggest that you stay away from use of that kind of wording as it suggests that there can be more to this than just simple imposition of company discipline. Using this terminology will only suggest and even encourage your employees to seek legal representation - and that's the point at which this whole thing will start costing you money.
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Posted: 2006-06-06 05:10 
