harassment mess

bananna

Our Executive Director has been harassing a female employee for a few months. She blew the whistle on him and he was fired. A few weeks ago she was promoted to a position that he created without input, out of the deep blue sky that doesn't really exist, and now that he is gone so is the position. We can't afford to keep this position. What are her rights here? We have already filled her former position and have no new openings. She is still coming to work each day.

Theresa Gegen TX

If this employee is terminated now, she will most likely claim that it is in "retaliation" for her complaints against her prior manager. For example, that someone up the chain was a friend of her prior manager and is exacting revenge on her. Because of the timing and the reason for termination (now we see we don't need you) I suspect that this claim would go to a jury for determination. What do you think a jury would rule on these facts? I don't think a jury is going to be sympathetic to the company.

The company still needs to address the situation, but I suggest the company get legal advise before taking any action against the employee. Critical facts (like who replaced her boss, and how did the fact that this position is not needed all of a sudden come to light) need to be discussed with the attorney.

Good Luck!!

Crout

Thersea is absolutely correct. It's too bad that your Executive Director had the authority from your board to simply create a position out of thin air, but that's not the EE's fault. I'd find something for her to do until enough time has past, then evaluate her position.

Pork

It reads like there may have been a two way game of "this for that" in reverse. She got the position she wanted, and then turned him in and he got waxed. I believe someone should check the Executives side of the story. If that happened to be the case, then doing nothing to her would also be the wrong message. This really is a mess! As an HR I've been there with your mess; the CEO and a young thing employee were a thing and she moved up in the organization very rapidly; she became expecting and had to resign on her own, husband insisted she had to stay home and take care of their child. Thank goodness, the baby arrived and is the spiting image of the CEO. The husband had a special source of income until the CEO was terminated for "cooking the books" and taking the company down the wrong paths. What goes around comes around, they both got what they deserved! Good luck with the mess and it is one! HR hands maybe tied, but then there just might be a way out if she was a willing participant.