Possible Quid Pro Quo
LFernandes
314 Posts
Hi Everyone,
This one was dumped on me as a left for the holiday: x:'(
On Wednesday, I was told that one of my supervisors is dating one of his direct reports. He brings her flowers and they go and leave for lunch together. I was also told that she's left her husband. (They are both married)
We have a sexual harassment policy but it doesn't say anything about dating direct reports. The EE in question is a problem employee who I could envision hitting us with a lawsuit down the line.
I think we should talk to our attorney and take action NOW. In my humble opinion, he definately cannot stay as her supervisor.
How would you handle this one?
Your thoughts and opinions are always greatly appreciated!!
LFernandes
This one was dumped on me as a left for the holiday: x:'(
On Wednesday, I was told that one of my supervisors is dating one of his direct reports. He brings her flowers and they go and leave for lunch together. I was also told that she's left her husband. (They are both married)
We have a sexual harassment policy but it doesn't say anything about dating direct reports. The EE in question is a problem employee who I could envision hitting us with a lawsuit down the line.
I think we should talk to our attorney and take action NOW. In my humble opinion, he definately cannot stay as her supervisor.
How would you handle this one?
Your thoughts and opinions are always greatly appreciated!!
LFernandes
Comments
Good luck. This is a hard situation to manage.
Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]
Also, the Supervisor has poor performance and I believe that he is covering up for the EE with respect to missed punches (she punches out and not back in and then doesn't recall punching out), etc. But, we will institute progressive discpline with those.
Thanks for your help.
Lfernandes
If she admits to the relationship and you put in the NonFraternization Policy, you either have the choice of grandfathering this current relationship in or telling the two that they have 30 days to resolve who will transfer to eliminate this conflict with the new policy. Let them work it out. It's their relationship. Don't tell them who has to transfer. I am assuming that you do not have any more of these relationships out there. I also think you should get legal advice before you put in the NonFraternization Policy with this existing relationship in place.
Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]
>>>If she admits to the relationship and you put in the NonFraternization
Policy, you either have the choice of grandfathering this current
relationship in or telling the two that they have 30 days to resolve who
will transfer to eliminate this conflict with the new policy. Let them work
it out. It's their relationship. Don't tell them who has to transfer.<<<
Since we don't have a non-fraternization policy in place, would we be forced to grandfather the relationship if the only positions open are entry level and would be considered a demotion?
We have one other relationship that we know about between a supervisor (female) and an employee (male). They are in different departments but still in the same building. The EE doesn't report to the supervisor in any way (directly or indirectly). But, when we put the policy in place, I'm assuming that we should get in writing that their relationship is consentual as well.
LFernandes
Since you've contacted your attorney and I'd ask him/her these questions so he/she can advise you taking into account the court cases that have been decided in your jurisdiction.
With regard to the other relationship that exists, but would not be in violation of the policy, I would not put myself in the business of documenting all workplace romance. If problems develop between them, you just address the problems as they arise. The relationships that I get nervous about are the supervisory relationships where one party has "power" over another. I hope I've made the distinction clear. The NonFraternization Policy should help address these situation going forward, but won't be as much help with the initial relationship about which you were concerned.
Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]
Sad story, both had been excellent employees prior to that.
I once had a situation with a supervor and employee, both married to others, who began an affair that lasted for several months. It was only after he (the supervisor) refused to go bail her out of jail in the middle of the night (after her husband found out about the affair and a fight ensued) that she claimed sexual harassment. In completing our investigation we found out he (supv.) would go to the corner liquor store and her her booze during their shift (2nd) and sit in the parking lot drinking together!!! When she was questioned she stated that she was afraid for her job, etc., etc. and we were left with no choice but to ask for his resignation or be terminated.
Bottom line - save yourself alot of time and energy, put the policy into place and do NOT grandfather them in. Let them decide, however, who takes the demotion.
I'm waiting for a return call from our attorney now.
LFernandes
I can't think of anytime I have ever seen a relationship of this type work out, especially if the parties involved are married to other people. What generally happens is the spouse of the female finds out about the relationship and confronts his mate. The mate then gets scared and starts stating that she was forced into this situation. How do you defend this? Same thing with a doc. If an employee gets disgruntled with a married physician, she can always claim that she felt her job was in jeopardy because she wouldn't "submit" to the advances of the doc.
Even when the parties are not married, you still have to deal with the favortism angle, etc. and the fallout if the relationship goes sour.
All in all....not a good idea. The only possible way this may work (for unmarried folks) is for one to transfer to another area or bottom line...find another job.
Always a very nasty issue to deal with!