should they have suspended

clarkbar

Two female employees in our company filed formal harassment charges against an upper management male. Their testimony was corroborated by another woman in the office who was having problems herself however she did not file formal charges. Testimony was taken from the women yesterday by our company's attorney, today testimony was taken from the manager by our company's attorney. This harassment has been going on for the past ten years however the women were afraid to do anything before because they did not know anyone else was having problems and they were afraid it would end up as a "he-said/she-said" since this man holds a high position in the company. The two women who formally filed the charges and the male manager all work in the same small room. At this time the women feel very uncomfortable and afraid for their safety as this man has been physical with them in the past--one of the ladies is afraid to use the restroom for fear this man will get her alone in the hallway and do something inappropriate. My question is, should management have suspended this man (with pay) pending the outcome of the investigation so as not to subject the women to his presence? Thank you.

LindaS

Based on the information you have provided, I would have suspended the male employee pending the outcome of the investigation. Keeping him there at work and subjecting the female employees to having to return to work with him after their testimony is something that you should not have done.

clarkbar

Thanks everyone. They did ask the individual not to come to work today. But the ladies will be asking the attorneys why he was not sent home immediately after his testimony was taken pending the outcome of the investigation. They were very upset to have to be in the same room with him for the entire afternoon.

Betty I_O

We placed a management employee on "administrative leave" with pay pending the outcome of the investigation. It would seem this should apply here. You obviously are working with your labor attorney; just be sure that what you say to this manager when you place him on the leave with pay is appropriately scripted. You have a responsibility for conducting a fair and impartial investigation. But you also have a responsibility to the complainants. They need to feel safe in their work environment and not be subjected to retaliation or further advances by this person while cooperating in the investigation.

Don D

[font size="1" color="#FF0000"]LAST EDITED ON 08-06-03 AT 02:51PM (CST)[/font][p]We will all have an opinion as to what might or should have been done. However, as soon as I read that your corporate attorney is involved and is even conducting the investigation, I immediately am of the opinion that you should follow his/her advice to a 'T' and not second guess what what he suggests you do. Suspension might sound reasonable and appropriate. But, when a company attorney is leading the investigation, I feel it's always time to defer. I would certainly voice my opinion professionally to the attorney, but would not go off on my on tangent otherwise.

mwild31

SURPRISE! I completely agree with Don D. this time. Go and speak with the company attorney and voice your concerns.

Don D

Who's surprised? I view you to be an intelligent woman. Why would you not agree with an intelligent opinion? I would expect no less from a smart woman! x:-)

safety

Don, apparently mwild31 doesn't always agree with you.

mrbill

This reply is given prior to reading the other replies. My sense is to let the investigation run its course before any action is taken. I would explain to the Ladies that the investigation is being conducted, and once it is completed appropriate action will be taken. I would not let the investigation go beyond 5 days.

mbeam

In the interim, is there another area where they could be moved to make their workplace more comfortable for them (and likely more productive).

Rockie

Given what appears to be the nature of this offense, the apparent history of the individual, and the fact that these ladies are afraid of the individual, I believe administrative suspension is in order.