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Director Misbehavior - Keep or Terminate?
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Director Misbehavior - Keep or Terminate?
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A director of a 150 million dollar company with 500 plus employees has people come forward with complaints of innappropirate comments made to female employees / floor level workers. A number of other
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Forums » Topic Forums » General Forum » Director Misbehavior - Keep or Terminate?
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Director Misbehavior - Keep or Terminate?
posted at 1/20/2011 12:24 PM EST
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Posts: 6
First: 7/14/2010 Last: 1/27/2011 |
A director of a 150 million dollar company with 500 plus employees has people come forward with complaints of innappropirate comments made to female employees / floor level workers. A number of other things come out of the woodwork (he used company employees and equipment to build items for his personal use, invaded space of female worker, etc, etc.). This is resulting in much disruption and interest throughout the organization as to how the President and HR will handle the situation. It is generally thought that if a first level manager or floor employee were found to have committed these offenses, they would be fired. I am a believer of holding management, especially higher level management to a higher standard. I am a peer of this director and am convinced the leader should take the ultimate action and remove him from the organization. I believe he represent a significant legal liability to the company. Please weight in with any opinions you may have on this situation. Thx. |
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Director Misbehavior - Keep or Terminate?
posted at 1/20/2011 12:36 PM EST
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Posts: 562
First: 11/12/2009 Last: 9/14/2011 |
Inappropriate comments to female employees aren't necessarily a cause for termination (depending on just how inappropriate the comments were) nor is "invading the space of a female employee". While one might logically expect more professional behavior from a director, typically an investigation followed by a warning is more appropriate. I would certainly urge that some action be taken since doing nothing would be construed as de facto approval of the behavior by the company.
Using company resources to create products for this director's own personal use could easily be cause for termination. If the personal use involved use outside of the workplace, then you've got a strong case. If it was for use inside the workplace, then it's more problematical. Overall, it sounds from your comments that this director is very unprofessional. If you're in an employment at will state (which all are) and absent a contract, termination might be appropriate. |
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Director Misbehavior - Keep or Terminate?
posted at 1/20/2011 1:36 PM EST
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Posts: 6
First: 7/14/2010 Last: 1/27/2011 |
Thanks for the response. I think the innappropriate comments were pretty bad, and it appears the investigation has more people coming out of the wood work. Likely to work itself out by the sheer volume of the incidents being brought forward. The issue with use of employees and equipment to provide him with product for personal use has been less focussed on in the investigation. |
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Director Misbehavior - Keep or Terminate?
posted at 1/20/2011 4:01 PM EST
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Posts: 45
First: 1/13/2011 Last: 4/14/2011 |
Here is my concern; âI think the innappropriate comments were pretty bad, and it appears the investigation has more people coming out of the wood work.â Those are your words. Are you conducting the investigation or is this hearsay (office gossip)? It sounds like the latter. But I cannot say with certainty.
What kind of comments and âsheer volumeâ are immaterial. If this investigation is not handled properly the organization runs a risk of running a witch hunt and depending upon any potential protected class issues of this director, could be creating yet another problem. If the "piling on" continues, you may well create a mess that you really don't want. I will take a slightly different tact regarding âat-will employmentâ than Nork. While all but 1 state in the US recognizes at-will the actions of any employer can so dilute the doctrine as to make it relatively of no value. A poorly worded policy, consistent or inconsistent action in other disciplinary situations, any can lead to negating at-will status. Consequently I wouldnât concern myself with it and simply follow your normal disciplinary process. |
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Director Misbehavior - Keep or Terminate?
posted at 1/25/2011 10:19 AM EST
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Posts: 2442
First: 2/12/2000 Last: 9/14/2011 |
DirectorP it does not sound like you are the HR director, are you?
If you are the HR director are you conducting the investigation? If not who is? How are you acquiring your information about this infraction? Is the offending director an outside (board level) director or are we talking an employee with the title like you? |
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Director Misbehavior - Keep or Terminate?
posted at 1/27/2011 8:19 AM EST
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Posts: 6
First: 7/14/2010 Last: 1/27/2011 |
I am not the HR director, the person in question is an internal Director that reports to the president of our company as do I. I have second hand knowledge of the comments and incidents because senior managers and first level managers that report to me relayed statements from employees to me and I relayed the statements to the President and HR. HR is investigating these allegations internally and will enlist support from the larger corporation. One of the employees that came forward indicated repeated physical encounters in which he hugged her and kissed her on the cheek even though she protested and said "no, dont do that". She was overheard saying no by a coworker. He closed the door behind him on another occassion and hugged and she protested again. She brought these incident forward to her boss - the HR Director. One of my Senior managers witnessed him hug her right in front of his cubicle and she was clearly attempting to avoid the hug. Extreme comments to other female employees were corroborated by other employees who overheard the comments and by the persons recieving the comments. The other issues coming out of the wood work are very serious, but "she said, he said" type issues. However, two of the "he said, she said" incidents are exactly the same and extreme - i.e., exposing himself to two seperate women. From my perspective, the corroborated incidents of comments and hugging/kissing are damning enough to justify eliminating the risk / liability of having a Director of this character as part of our organization. |
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Director Misbehavior - Keep or Terminate?
posted at 1/27/2011 9:25 AM EST
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Posts: 562
First: 11/12/2009 Last: 9/14/2011 |
He exposed himself? As in dropping his drawers exposing? And repeated hugging/kissing?
Huge potential liability. I think if I had corroborated evidence of what I think you said about his actions I'd send the director home until the investigation is complete. These actions could easily be considered criminal - risking more repeats of this behavior can put your organization at risk of a lawsuit. |
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Director Misbehavior - Keep or Terminate?
posted at 1/27/2011 9:28 AM EST
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Posts: 6
First: 7/14/2010 Last: 1/27/2011 |
He was sent home and the investigation is complete and the decision is being handed down as I type and the oranization chose to dismiss the director. It would have caused major issues with morale and respect throughout the organization had it turned out differently. Thanks for the input. |
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Director Misbehavior - Keep or Terminate?
posted at 2/1/2011 8:41 AM EST
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Posts: 2442
First: 2/12/2000 Last: 9/14/2011 |
Director P- I also thank you for giving us the final outcome. However (don't you just hate that) merely firing this person may not be enough in couple of areas.
First there may be other attendant liabilities as in "the company knew or should have known about these activities". Make sure you have compentent Employment Law attorney review this. Second I would strongly urge that Sexual Harrassment Training be rolled out to all management and staff. (hopefully not for the first time) Remember the harassed indivduals can still file claims against your company with EEOC (and OFFCCP if you have government contracts). The strongest case you can make to limit liability and damage is to show the actions taken as soon as this was brought to light............. |
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