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Remove from job site?

earlearlearlearl 31 Posts
in HR & Employment Law Vote Up0Vote Down
Employee filed a sexual harassment complaint against an ex-employee. Allegations were not substantiated and complaint dismissed. In an effort for employee to feel no employer retaliation against her charges what is a good time limit to leave emp. on a temporary job assignment? Emp is not producing but temp. employer has not done any documentation and will not say anything to emp. I suggested moving emp. to another site in temp. co. that will be coming to an end soon and then remove as that production area will be closing.
Is there a certain amount of time an employer should not "touch" an employee that has filed complaints so they won't feel it is retaliation from employer? Thanks.
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Comments

  • 4 Comments sorted by Votes Date Added
  • GillianGillian 885 Posts
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    I am not sure that I completely understand your post, but removing a person who has filed a complaint is not the proper thing to do - that could be viewed as retaliation. Employees have the right to file a complaint and it is our obligation to do a fair investigation and resolution. It is not uncommon to have situations that cannot be substantiated, but that does not mean that something didn't occur. After the person is told that you cannot substantiate the allegation, the proper thing to do is treat the person the same way as you did before. Only in the case where you can prove that the allegation is a false one should you do anything differently, and in those cases disciplinary action is proper
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  • earlearlearlearl 31 Posts
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    The complaint and the request to move the employee from the temp. employer is two seperate things. The request from the temp. employer to remove emp. is due to low productivity and was received after the emp. filed a complaint against another temp. ex-employee and the matter was closed.(Which happened at another location and has nothing to do with the current temporary employer). We just did not want to have the emp. think having her removed from her current work site was our retaliation towards her because it is not. Is there a time limit we should abide by before removing her due to the temporary employer's request
    due to low productivity. Thanks.
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  • GillianGillian 885 Posts
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    I'm still not sure that I understand everything but as long as you do what you would normally do you shouldn't have any problem.
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  • jpeplerjpepler 24 Posts
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    I'm assuming you're a staffing agency. Your agency's obligation is to your clients. If the individual you're leasing is not meeting the expectations of your client, you have no alternative but to remove her.

    I would have the supervisor at the current company she's assigned to complete a job performance evaluation. A summary/conclusion at the end of the review should recommend termination due to poor job performance. (I'm assuming the person completing the review has no knowledge of a complaint being filed.)

    I think your problem will begin if, after removing her from her present assignment, you do not secure another assignment for her.

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