Sex video tape lands in the wrong hands

dwitt

A few weeks ago a package arrived at my company through the regular mail with the first name of an employee and the last name as our company name. The receptionist didn't know who the package belonged to as we have 2 employees with the same first name. The receptionist opened the package and discovered a video inside - sexually illicit in content. The receptionist came to me (I am in HR) because she didn't know what to do with the package. I proceeded to discuss this with 2 of my managers and it was decided that the Manager would talk to the more likely employee to have ordered something of this nature. This employee admitted to ordering the package, but vehemently denies ordering it to be delivered to the company.

We gave this employee a verbal written warning for improper conduct and instructed her to contact this vendor to stop sending packages to her workplace.

This employee came to me this morning, as she has been stewing about this for a couple of weeks. She is upset, claims she receives material at home, but doesn't know why/how it ever got sent to work. She feels that a discipline report should not be placed in her file. I told her she could write up a rebuttal, but since she admitted to this video belonging to her, the company has to keep the discipline report in her file but we would include her written rebuttal. I further explained to her that since this fell under the Sexual Harassment umbrella, the company had to respond.

She wants the video. The manager told her that he would have to keep it. She claims that the material is her personal business, other people receive personal mail all the time, and that we have no right to hold on to the video. She also threatened one of the HR scary statements "I'm going to talk to a Lawyer".

My question - do we have to give her the video? Isn't that Company evidence?

Any input would be greatly appreciated!!

Balloonman1

[font size="1" color="#FF0000"]LAST EDITED ON 03-30-06 AT 09:58AM (CST)[/font][br][br]First question, how many times has the manager watched it? Was it any good? :-)

Ummmmmm she paid for it and you are gonna keep it. Evidence.......geez take a picture of the thing.........I agree with the discipline, though was the receptionist "uncomfortable" or feeling harassed?

Give her the tape back.........tell her if it happens again she is done.

Move on.........

My $0.02 worth,
The Balloonman

SMace

How did the receptionist know it was sexually illicit? Did she watch it?

Keep the tape? She bought it. It is hers. I think she should sue you if you don't give it back. Actually she should probably file a police report that the manager stole it.

Parabeagle

While I agree that the discipline was appropriate, you should not keep the tape. Give it to her. She paid for it, it is her property and the company has no right to possess it (nor should it).

Balloonman1

Parabeagle.........maybe her manager is a perv!!!!!!! If it were me, and the receptionist was cool with it, I would have left the whole thing go........but I am a perv too!

Balloonman

Paul in Cannon Beach

Its not that difficult to accidentally type in your work address while ordering online if you do alot of online ordering for work and personal use.

Give her the tape back. Tell her its not to happen again. Move on.

NaeNae55

I order online for work all the time. I have received packages for work at home, but never received personal stuff here.

It is easy to type in the wrong address. You have to fill out forms all the time and frequently have to give your employer's address (doctor's, loans, etc). I would think that someone would be extra careful when ordering anything that might be offensive to others, but that is just me. I think the discipline was appropriate (she really needs to be more careful). If necessary, take a picture, but I would think anyone who saw the tape would be able to testify as to what it was. Besides, do you really want that lying around in your office somewhere?

You really don't need it for evidence; give her the tape.


Good luck!

Nae

HRinNH

No you don't have a right to keep the tape. If you need evidence, take a picture. If she's being truthful that it was NOT supposed to arrive at the office, she should be mortified and that's often enough punishment for it to never happen again.

Whirlwind

I agree with everyone else that you should give the tape back. If your concern is that by giving it back it will be within her control on work property, then mail it to her home address.

Paul in Cannon Beach

This might also be a good time to check her internet log assuming she may be ordering the videos on company time.

I gotta say that this thread definitely wins the "Most Provocative Thread Title".

I wasn't sure WHERE this one was going but I knew I had to take a peek.

pork1

I concurr with most, to give the video tape back to her. Now, I am wondering to you have any reason to open my mail? Do I have a right of privacy, a reasonable expectation that mail coming to me is my business and you do not have a right to go, so far as to open my mail. Could we have over stretched our mail opening procedures "as the company"; could we not have identified who the person was without the contents being revealed? Could someone have taken the addressing information and sought out the two employees without opening the package and asked "Do you have mail coming to our company address, but with your first name?" I would have asked both and then by not getting a positive response from either then I would have opened the mail to determine to whom the mail should have been delivered. Am I reading this correct that these two people have the same last name as the company name or is it just the first name! Why did you not contact the sender to determine to whom the mail belongs or just "return to sender address unknown"!

PORK

Parabeagle

In our office, mail sent to a named individual at the company address is presumed to be mail related to company business. Our policy is all mail is opened and date stamped before being given to the recipient unless it is clearly marked confidential, in which case it is delivered unopened.

As a private employer, and our policies state this, with few exceptions employees have no privacy right as far as communications are concerned - this means mail, telephones, fax, e-mail, Internet, etc. And we make it known that we monitor our communications systems.

I'm beginning to believe that this situation resulted from error on the employee's part and I'm thinking she has suffered enough. Give her the tape and let the issue die.

dwitt

Hopefully this will answer most questions that were posed as we moved through the thread.

We are a small company (120 employees). Our receptionist opens all company mail that is not addressed to a specific employee. She then sorts the mail, i.e. A/P invoices, A/R checks, etc. It is one of her primary responsibilties. Mail comes in that is addressed to former employees as well, and she opens the mail to determine to whom to forward the mail.

To provide an example: This package was addressed to Terry Company name. We have two employees with the name Terry. The Receptionist opened the package and it not only contained a video tape (pictures on the cover of the tape leaving nothing to the imagination), it also contained a catalog. Our receptionist took offense and frantically struggled (her words) to put the contents back into the envelope before anyone walked by her desk. For this reason - We decided to tackle this incident with more than a slap on the hand when we discovered who the package belonged to. **Also, more mail from this vendor continues to arrive weeks after the initial package arrived addressed to Terry Company name. This could pass by more hands in time - We have customers, a reputation, etc. We want the incoming mail from this vendor to stop.

I wasn't clear in my opening post - The manager disposed of the tape and so it cannot be returned to the employee.

Parabeagle

[font size="1" color="#FF0000"]LAST EDITED ON 03-30-06 AT 05:01PM (CST)[/font][br][br]Playing devil's advocate here: Regardless of the circumstances under which the tape arrived at your company, the fact remains that you disposed of personal property belonging to another without permission. I submit that you did not have the right to do that. Going further, I think you might also be obligated to reimburse the employee for the cost of the tape. The manager should have seized the tape and either returned it to the employee with instructions to remove it from the premises immediately, or mailed the tape to the employee's home.

lynn2008

I am curious as to why the manager assumed that particular employee with the same first name was the most likely to be the culprit. With a small company, it is not surprising, but if the Manager would have been wrong and approached it without a lot of tact, the lawyer would have hurt your company.

I think the item when received should have been tossed by the Manager since there was no identifying information, and not pursued this unless continuing trash kept showing up (as it did).

Also, it is not a surprise the vendor continues to send followup mail to your address, and I doubt even the lady will get them to stop.

Besides, what do old movie stars do in their retirement besides stuff envelopes and complete mailings?

SMace

The manager disposed of it? What does disposed mean? LOL

HRinNH

He probably tossed it in the garbage recepticle in his car.

hrdir03nafcu

dwitt:

I see several issues here:

1) Unless you have had in place a clearly stated policy that the ER reserves the right to open and inspect ALL pkgs delivered to your address-- personal or otherwise-- the Receptionist should NOT have opened the pkg in the 1st place. The proper approach would have been to contact both EEs who had the 1st name, asking them whether the pkg was theirs, and let the rightful owner claim it (unopened, of course). If you allow EEs to receive personal mail/pkgs at the workplace, then you should respect their privacy. If you're concerned about contraband in personal pkgs, don't allow EEs to receive personal pkgs at the workplace.

2) The EE paid for the video: it's her property. You're seizing her property-- not a good idea! What do you need "evidence" for? Are you planning to prosecute her in court?? Give the EE her property and apologize for improperly opening the pkg, and then improperly seizing something that belongs to her....then make sure she takes it home/out of your premises immediately.

3) Just on the basis of the way the pkg was addressed, it seems to me highly credible that the pkg came to your address due to an error on the part of the SHIPPER/VENDOR who sent it. I don't think it's reasonable to discipline this EE for the vendor's error. Remind her that such videos are prohibited on your premises, and ask her to correct the shipping address error with the vendor so their pkgs don't come to your address in the future. And remove the written discipline from her file.

Balloonman1

You owe her for the tape. Tell the manager to clean the cover off and bring it back in from home. :-D

Balloonman

If you needed to save it for evidence, why did he dispose of it? Just give her money out of petty cash.

Paul in Cannon Beach

Let's keep in mind that the EE brought this on herself.

I don't think you need to reimburse for the tape or make any apology.

Bottom line the EE had a pornographic movie delivered to the workplace.

If it got tossed in the garbage, too bad. I wouldn't lose any sleep over it.

SMace

There used to be a fella here that said there is no such thing as a problem employee. Only problem employers. Hi G3.

She is upset (right or wrong) and a very small gesture (giving her $9.99) could alleviate the problem.