sexual harassment termination

earlearl · December 2001

It was decided by the Pres. and HR an employee would be term. for sex.harr. by the allegations of 2 other employees. This employee then (after being told of the termination) called the Pres. back and he informs her he has always taken care of her and to file a rebuttle to the charges.

Recd. 7 pages of incidences of where she is charging sex. harr. charges against the 2 employees that filed against her.

Question: Can she file a rebuttle after being terminated? Can she file sex. harr. charges after termination?

Statements were taken from the 2 employees filing charges, project supr., co-worker and a co-worker/friend who all state instances of this person stating things in a manner to be perceived as harassment. This is when the decision was made in the best interest of the Co. to term. employee.

Thanks.

Gerri · December 2001

Are you just going ahead and terming this employee without a full investigation? I realize you have statements from the alleged harassed employees and witnesses. Have you taken a statement from the alleged harasser (other than her rebuttal)?

earlearl · December 2001

Recd. allegations in writing; written affirmation of employee's demeanor among fellow co-workers from her immediate proj.supr.; verbal statements on the same from another co-worker who experienced sexual harr abuse from this emp. at another job site but did nothing and a co-worker/friend who agreed emp. was cabable of saying things in a jokingly manner to offset any harrassment insinuations. When emp. was addressed, she refused to discuss, got mad and left the office leaving phone on speaker phone. (emp. in another state). Then 2 hours later called the Pres.

kyra · December 2001

You may not want to hear this, but I think you guys may have jumped the gun a little on this one. Ideally you should have heard the accused out, regardless if you have a witness to the event. At this point, what's done is done. I would accept the rebuttal from her. You need to make sure that you do a very thorough and complete investigation on her allegations. If the accused pushes back on her termination you could always so that your firm has a no tolerance policy with sex. har. Since she walked out of discussion regarding these issues, the company took this as being uncooperative and terminated her.

gael · December 2001

Since the ee walked out of the interview, IMHO, she forfeited her right to "reopen" the investigation at her convenience or when she didn't agree with the outcome. She should have been told at that point that the investigation would continue without her input and your decision would be made without any consideration of her input. Remember, whatever you do with one employee, you will have to do with others and by "reopening" the investigation, you have opened a huge door that I don't think you want to walk through again. I would accept her rebuttal, and look into any allegations she has made against others BUT if your investigation indicated she should be terminated, the termination stands.

felicia_matthews · January 2002

I think you need to make sure you have all your conversations very carefully documented, including date, time, location and who was present during. Now that this ex-employee is putting you on notice I think you still should investigate her claims, even though she could have asserted her claims during your meeting. She could always say she was so disturbed, shocked, dismayed, etc that she responded irrationally at the time to the gross allegations made fraudulently against her. But you should respond in writing to her that you have rec'vd her complaint and are investigating appropriately. But that the termination decision stands, and you shall notfiy her of the findings accordingly...And of course, send all paperwork certified or FedEx...Good luck.

sexual harassment termination

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