Uncooperative accuser

J R Hartley

I have had a situation where an employee complained to his immediate superviser that he was being sexually harassed by another female employee. His supervisor spoke to HR after consulting with the accuseds supervisor and an investigation was started.

The accuser then withdrew all complaints as 'he didn't want any trouble' and became very nervous when it became apparant that it was not all as he had previously made out. Apparantly a jealous employee that he seemed to be having a relationship with was pushing him to make the accusation.

Can the accuser be disciplined for not complying with the investigation or for what I believe are defamatory and baseless accusations? Can we also discipline the jealous employee who was stirring trouble? The accused was very upset and denied everything.....

Don D

First, I see the words "apparently" and "seemed" in your conclusion. I wouldn't base action on anything that is simply "apparent". Nor would I conclude based on "seemed". Secondly, one cannot 'withdraw' a sexual harrassment complaint simply because one "doesn't want any trouble". HR must proceed with the investigation through to its conclusion, once a charge is made. Lastly, if your investigation reveals clearly that the charge was trumped up, bogus or knowingly baseless, the employee who made the charge should be disciplined. I wouldn't attempt to carry discipline down another level to a person who 'seems' to be having a relationship or is 'thought to have been' stirring the stink.

Theresa Gegen TX

You can certainly discipline an employee for making a false report of this type -- BUT you'd better be 200% sure that the report is false.

Employees who make complaints in good faith are protected from retaliation by law. Disciplining an employee for complaining would be protected, UNLESS the employer PROVES that the employee was not in good faith. This is a high burden.

If you feel that your evidence is not strong enough to support your suspicions, you might want to sit down with the employee and review the companies policies. Thsi does not have to be disciplinary, per se. It could be done as training, but even as a training session, it will probably get the message across.

Good Luck!!