Email Issue in PA: Libel

SmallBusinessHR · December 2002

We are a small company, under 50 employees. What follows is a sticky and rather confusing issue. I'd like to know what the most appropriate course of action should be, if possible.

Employee #1 sent a joke email to 3 or 4 people. One of those people is a senior manager. The joke contained a prediction of employee #2 getting pregnant, and Employee #3 losing his job. One of the people who received the email, "replied to all" and made a similarly inappropriate comment regarding employee #2.

Neither #2 or #3 were copied on the email, but the senior manager forwarded the email to employee #3, who happens to be employee #1's supervisor and the head of the department. Following me so far?

Employee #3 wants to terminate employee #1's employment. Pennsylvania is an "at will" state.

What, if any, action should be taken? Should just employee #1 be targeted, or the person who responded to the joke with another malicious remark? Employee #2 does not know anything about the email. Should they be alerted?

Any advice would be appreciated.

Don D · December 2002

In your at-will state you are, of course, free to fire the sender, everybody who got the email, forwarded it or even had a passing thought about its contents. But, what an extreme and totally absurd approach and one that you wouldn't dream of in the first place. We don't know the contents of the email or your policy, if any, on such use or abuse of your equipment. It's entirely possible for us to speculate that employee #2 is dating employee #3 and the email suggested this might result in pregnancy and he might get fired as a result. That's a bit more dangerous than a joke implying that it's #2's turn in the pecking order to have a child and the joke about #3's termination being a separate issue. We might also speculate that you have a strong policy prohibiting such emails and this is the perpetrator's 2nd violation. We could also speculate that this is a continued pattern of pervasive workplace sexual inuendo or harassment leveled at #2. So, it all depends on the circumstances. Barring the speculation, if this is a first incidence of a joke going awry and you have either none or a non-enforced policy, I think certainly that termination is extreme and ill-advised. How about having a staff meeting and covering or re-emphasizing a policy with examples of how it can get out of hand? You've got junior and senior people involved in the scenario so it seems a serious, general staff meeting needs to be held and then tell everybody to get back to work.

LisaMN · December 2002

I agree with Don. I'm continually amazed at the "fire their a##" mentality. I can only think it escalates situations that could be solved with 5 minutes of thought. Good thing these managers have HR people around.

The situation should be handled privately amongst those currently involved. (counseling, advising, coaching on appropriate use of e-mail etc.)

Please leave #2 out of any discussions regarding the specific e-mails. Ignorance, in this case, is bliss.

If there is no current policy write one this week. And introduce it at a staff meeting next week.

If there is a policy, re-introduce at a staff meeting this week.

SmallBusinessHR · December 2002

Thanks for the replys from both of you. I advised the manager involved that he might want to take written action, but that termination was a little over the top.

We do have a written manual with language regarding gossip, inappropriate use of email, and the like. It's just that no one takes it seriously (including management), until now. I've been in both small business and large corporate environments, and I find that small companies are, for the most part, HR nightmares. Ever since I've been here, I've had to go through almost each and every scenario from the "HR Issues" seminar I took years ago. It's like checking off a list.

We all had a nice long talk regarding professionalism and respect within the workplace, and a new copy of the employee manual will be going to each employee shortly.

I can't believe I've wasted most of my day in and out of meetings regarding this.

Don D · December 2002

Instead of feeling like you've wasted the day, let's assume the following: (1) You have provided the education needed to cause your staff to mature a bit in their behavior, (2) You have caused the department manager to rethink his 'shoot from the hip and terminate' approach to his subordinate's behavior, (3) You have reinforced a company policy through discussion, thereby perhaps avoiding the need for tough discipline or a harassment complaint down the road, (4) You have given the management team something to rethink in their head-in-the-sand approach to policies, and (5) You have reinforced your credibility by showing the staff that you are ready, willing and able to take command when HR presence is required. So there! x:-) A gold star awaits you.

Email Issue in PA: Libel

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