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Anti-gay slur stated by terminated employee on her way out the door
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Anti-gay slur stated by terminated employee on her way out the door
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Hello All,
On Friday, we terminated an employee for misconduct. In the meeting was her immediate supervisor, the Program Manager, and myself, the HR Manager
After the employee was told she was f
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Anti-gay slur stated by terminated employee on her way out the door
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Anti-gay slur stated by terminated employee on her way out the door
posted at 5/16/2010 2:38 PM EDT
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Posts: 3
First: 12/14/2007 Last: 5/17/2010 |
Hello All,
On Friday, we terminated an employee for misconduct. In the meeting was her immediate supervisor, the Program Manager, and myself, the HR Manager After the employee was told she was fired, she began to have some banter with the Program Manager. She began to walk out the door, then called the Program Manager an anti-gay term (begins with "f"). The owner of the company gets an email at the end of the day on Friday, stating the following " I've given a lot of thought to this during the course of the day and have concluded that since it happened on company time, in the office, I would respectfully request that the agency attorney contact me, as I would like to pursue this matter legally." To make this more complicated, we are, and will be laying off this employee soon due to budgetary constraints. I will also add, that he is disgruntled about an issue with his friend, another co worker we are dealing with. My question is, since the "ex" employee stated this AFTER she was terminated, and no longer an employer, are we required to follow up legally? We will contact our attorney in the morning, but I am just trying to get some feedback in the meantime. Thank you so much. |
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Anti-gay slur stated by terminated employee on her way out the door
posted at 5/16/2010 5:19 PM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
Do you mean the Program Manager has an issue? Has he/she ever brought it to HR/management's attention prior to this? I would investigate to see what other things have maybe been an issue.
But sexual orientation is not always a protected class in many states or federally at this point. Check your state laws to see if you are in one of the few states that protect it. It is possible this could fall under gender discrimination and/or sexual harrassment. Does your company have a complaint procedure in place? If so, did the employee know how to use it. That often gives some protection to the employer if the employee did NOT follow the policy. But the law only requires the employer to STOP the bad behavior...which should happen with the leaving of the employee. If you know of other employees who feel the same way, you might have some type of training or follow it up with an email message to all employees. Hindsight is 20/20, but I wouldn't have allowed the ex-employee to have that much say on the way out the door. Also document what was said by who, etc. The sooner the better. Even if you just email it to yourself...it will be time dated and stamped. There is a legal concept that changes this from hearsay, but I always forget it...but it has to be done right after the incident. It may be too late now, but better late than never. |
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Anti-gay slur stated by terminated employee on her way out the door
posted at 5/17/2010 4:36 AM EDT
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Posts: 1103
First: 3/16/2007 Last: 8/19/2011 |
Affirmative defense...You can show what action the organization took to remedy the situation as soon as it happened. The PM doesn't have to like it and is free to seek any remedy they choose. You offer your defense and most of the time it ends. Spped is of the essence in mounting this defense.
As RRupert states few jurisdictions have sexual orientation as a protected class. |
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Anti-gay slur stated by terminated employee on her way out the door
posted at 5/17/2010 4:39 AM EDT
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Posts: 562
First: 11/12/2009 Last: 9/14/2011 |
I dont' see much cause for any legal action here unless the name calling was part of a pattern of similar behaviors, and even then only if there are some local/state statutes governing it. A one time incident by a disgruntled former employee does not constitute harassment IMO.
Not to say I wouldn't have the company attorney contact the program manager. Worth it to pay a few bucks up front rather than give the appearance that you're hiding something or ignoring the emotions involved here. And way better to have him talking to your attorney than one of his own choosing. |
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Anti-gay slur stated by terminated employee on her way out the door
posted at 5/17/2010 6:56 AM EDT
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Posts: 1103
First: 3/16/2007 Last: 8/19/2011 |
I wouldn't throw any money at the PM. I would give him an explanation of the action taken by the company, remoind him that the company does not tolerate this type of activity and let it go at that. |
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Anti-gay slur stated by terminated employee on her way out the door
posted at 5/17/2010 7:01 AM EDT
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Posts: 410
First: 1/26/2006 Last: 11/15/2010 |
Hi:
The posted facts weren't real clear to me, but assuming that the person belongs to a legally protected subgroup, then it would seem the issue has been disposed of--the apparent harasser has been terminated. That aside, if the person believes they have been defamed by the terminated employee, then that is a personal issue that they would need to pursue on their own. Dave Arnold, Ph.D., J.D. |
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Anti-gay slur stated by terminated employee on her way out the door
posted at 5/17/2010 7:18 AM EDT
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Posts: 562
First: 11/12/2009 Last: 9/14/2011 |
HRPro: Sorry, I wasn't very clear. I wasn't suggesting that money be thrown at the complaining employee. I was rather ineptly suggesting that it was better to spend a few bucks to pay the company/agency attorney.
You are absolutely correct that money should not be offered to the PM. |
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Anti-gay slur stated by terminated employee on her way out the door
posted at 5/17/2010 10:18 AM EDT
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Posts: 2442
First: 2/12/2000 Last: 9/14/2011 |
Not so fast on this one. The real problem here is not the use of the F word but rather what will become the prima facie case of retaliation. You will need to show that you have advised this PM previously that his work was not acceptable, that his job was in jepardy, etc. to rebut the argument that he was fired for complaining about the abuse.
If you do not have this information in writing but it actually did occur, then put it together now. There is a chance you will need it. |
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