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Harassment
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An hour into my new job today I was hit with a harassment complaint. 2 EE's recently ended a 4 month romantic relationship, unfortunately, one of them (we'll call him Jon) was not ready for the relati
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Forums » Topic Forums » General Forum » Harassment
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Harassment
posted at 6/17/2011 5:58 PM EDT
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Posts: 3
First: 6/17/2011 Last: 9/7/2011 |
An hour into my new job today I was hit with a harassment complaint. 2 EE's recently ended a 4 month romantic relationship, unfortunately, one of them (we'll call him Jon) was not ready for the relationship to end with (we'll call her Jane). Jon is bugging Jane during and after work about getting back together. She's blocked his number but he has now started using other phones to call and is even contacting Jane's supervisor to try to get her to have Jane talk to him. As far as employment records, Jane is the superstar and Jon is mediocre, he only has one write up in his 3 years for something completely unrelated. The current handbook says harassment violators are subject to corrective action, up to termination. Our plan is written warning with termination if he continues to harass. If he stops bugging her while working but continues off work, are we able/responsible to handle this or is does Jane have to work with the law. Thoughts???? |
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Harassment
posted at 6/18/2011 1:14 PM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
If you have investigated and know that Jon was harassing her during work hours, I would choose to immediately terminate. period. No questions asked. Then any behavior outside of work becomes Jane's issue to deal with restraining orders, etc.
It takes the employer out of the middle of it. If she continues to be distracted at work by it and her performances craters, then I would also consider terminating her at that point. I think your risk/liability is higher if you know about it, it happened during work hours AND you keep him around....even with a documented warning. If it had just been outside work, that might have changed my answer. Is either one a higher rank than the other or were they peers? That could make a difference also in my answer. And this is one of the reasons many companies have non-fraternization policies. You might consider looking into one. |
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Harassment
posted at 6/20/2011 4:32 AM EDT
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Posts: 2442
First: 2/12/2000 Last: 9/14/2011 |
I agree with rrurpt regarding taking action against Jon.
I would be very carefull regarding any action arising out of this with Jane even in the near future as the company will own some of the responsibility for having been the original source. Actions against Jane will need legal review before taking action. By taking immediate action against Jon you are minimizing your risk and telling the rest of the workforce that you absolutely will not tolerate any form of harassment. |
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Harassment
posted at 6/28/2011 5:35 AM EDT
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Posts: 11
First: 4/27/2010 Last: 8/16/2011 |
It's not clear whether the written warning has already been given, but -- if it has not -- I would counsel doing so, since your policy is written warning then termination. If the written warning does not promptly and effectively stop the harassment, then termination would be in order. Be sure to document everything. I wouldn't worry about liability for events occuring after work and off premises. |
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Harassment
posted at 6/28/2011 6:44 AM EDT
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Posts: 1
First: 6/28/2011 Last: 6/28/2011 |
I would hope your discipline policy allows you to terminate or suspend relative to the severity of the infraction...eliminating having to follow progressive discipline steps.
If he has harassed Jane, the supervisor and has gone as far as using other employees phones to contact her then those actions suggest his behavior will not stop immediately, which is required on his part. If nothing else I'd suspend him without pay to get the message across. That option does leave the door open for it to happen again in the future. |
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Harassment
posted at 6/28/2011 6:53 AM EDT
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Posts: 1
First: 6/28/2011 Last: 6/28/2011 |
I agree you have to take immediate action.
I am not clear however on exactly what your policy does and does not require or allow. Are you saying that your policy in this type of situation first requires a written warning before you terminate? If so, did you give him a written warning? If the written warning is required first and you did not do it, then you need to give him a written warning immediately. You may also want to let him know that if he continues the harassing behavior he may very well be terminated. Whatever conversations you have with him and whatever actions you take need to be documented In case there is any type of lawsuit (and digruntled employees such as John would not be above filing one and seeing what "sticks") you would be able to show that you applied your policy consistently. If you terminate before your policy allows you to do so, then you may give him ammunition if he comes up with a basis to sue. Either way, I would review the policy to make sure everyone is clear on what you have to do, what you can do and what you cannot do. I would then consider updating the policy if you find that it does not quite address this type of situation the way you need it to. The above response is for informational purposes only and does not constitute legal advice or form an attorney-client relationship. |
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Harassment
posted at 6/28/2011 6:58 AM EDT
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Posts: 1
First: 6/28/2011 Last: 6/28/2011 |
I would almost be inclined to write them both up. That way the company doesn't appear to show favoritism for one side over the other, in case it does get into litigation. While she may be a top performer, she has participated in creating what sounds to me like a somewhat hostile work environment by bringing her problems into the office for coworkers & colleagues to see. Then they can focus on "Jon"'s behavior for termination if it goes that far. |
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Harassment
posted at 6/28/2011 7:26 AM EDT
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Posts: 1
First: 6/28/2011 Last: 6/28/2011 |
My concern is that "Jane" is a victim of harassment whether it be at work or at home. The employer should be thinking of the safety of employees; right now it's only phone calls, but what if he is stalking her, what if he is so fixated on Jane that he holds her against her will, abuses her, etc? Some individuals, be it male or female, can fixate on a person to the detriment of everyone around. Should Jane's "performance crater" I believe she should be given some sort of assistance, for example through an employees assistance program or a local women's shelter FIRST, then maybe a warning, then termination. Jane needs support during this difficult period of her life, whether it be personal or business related (or both) not termination. |
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