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Harassment
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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 6/28/2011 9:12 AM EDT
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Posts: 2442
First: 2/12/2000 Last: 9/14/2011 |
sret-while you concerns are legitmate the company can only control what actions it takes.
If after separating him from employment he does something stupid against her, the company cannot be responsible. The company can suggest that Jane use care and perhaps suggest to Jane that she have someone stay with her for awhile, but there is line where they cannot cross as it will increase the company's liability. Stalking outside of work is just not something the company can get into. Unfortunately we live in a sometimes dangerous society and folks must always take person responsibility to protect themselves. |
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Harassment
posted at 7/7/2011 6:31 AM EDT
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Posts: 21
First: 11/21/2006 Last: 7/7/2011 |
In response to HBourbon, I disagree that Jane should be written up, as it appears she has done nothing wrong. Why punish the victim for being harassed? However, if the company has a policy against employee fraternization, then both are guilty of that infraction, and Jane should be written up for that. That would then make Jon guilty of fraternization and harassment, which would be 2 write-ups, giving the company even more ammunition towards termination if it should come to that. Despite the seriousness of Jon's actions, the company must be careful to follow policy. So if policy states a written warning before termination, then that's what the company must do. Most policies would make an exception for extremely serious infractions, such as violent acts, which it seems that Jon has not done. The written warning will at least show Jon that his behavior is unacceptable and must stop, and his job is ultimately at stake, so it might be effective. And if the company has no fraternization policy, it's time to create one. |
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Harassment
posted at 7/15/2011 10:47 AM EDT
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Posts: 6
First: 7/10/2011 Last: 7/21/2011 |
I have a couple of questions:
Is there company policy about fraternizing with co-workers? This next question may seem like semantics, but it can make a difference to the actions the employees feel comfortable with - good or bad. Is this a large company with many employees? I've have similar problems here, and if Jon is already harassing someone in the office, he may also fit a particular profile pattern where he may become vengeful against the company or its employees if terminated. One such employee scratched up and dented cars in the company parking lot, and also cut the cable to incoming services. Having been involved with the police activity that followed, I was told that there are folks that complain, and folks that act. Jon sounds like someone who 'acts'. The parting interview needs to be documented with a witness, especially if the policy is not strictly adhered to and he is terminated without a written warning first. However, even a written warning can create the same type of problems described. Documentation cannot be a "he said, she said" accumulation of instances. The company needs solid documentation. Jane should use the "record" feature on most business phones. If she does not have it, she should seek out and be granted the right to attach a simple recording device to her desk phone. A company cell phone very likely can record her conversations. The law is clear on this - only one party in the conversation needs to know a recording is being made. However a company can cover their liability by a broad statement which encompases their ability and duty to the safety of all employees to gather any information (evidence) which is transmitted over any of their communications programs. This allows records from email, phone converstaions, postings over company provided internet - even when not during work hours - and other means and methods, like security cameras. The point is that it seems easier just to terminate the employee. But the evidence to do so must be solid, first. The company should be prepared to handle any other situation that can occur if it does. In most cases, a well documented termination is enough, and there may not be any repercussions from the dismissed employee. I'd be interested to know how it went. I was totally blind-sided by the actions of the ex-employee that did these things. I did not expect it. I've been very conservative in my feeling now, that I cannot know for sure what a person is capable of, and so I should be prepared. Best regards, Lin |
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