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Potential Harassment - Illinois

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  • Potential Harassment - Illinois

    Hi - we have a new EE of 5 weeks who came in the door making somewhat lewd comments about male co-workers in her area. She started calling her manager 'Big Daddy' (implying that there was some interest there) and she was told he was married and to stop immediately. She stopped that but has since started on another male making at least 2 vulgar comments that were witnessed by her team lead during work.

    This EE emailed a few times through work email asking for the other EE's phone number....stating that she knows he's not happily married so they should go out. He instructed her to stop and she did. Then she started up on facebook with him calling him a sissy and that he messed with the wrong person and "You will get yours". The male EE again said on Facebook to stop with the harassing nature or he would be calling the police.

    We have investigated and found that this male EE is no angel and he is not liked by too many people in the office. He never reciprocated on any of these behaviors and has always stayed neutral from what we can tell. He is a solid performer that has been here for 3 years. Regardless of that fact, the behaviors this new EE has exhibited over the short 5 weeks she has been here lead us to want to terminate. We observe a 90 day probationary period for new employees, we have a clearly defined harassment policy that was signed and we are at-will. Does anyone see any issues here?

    Thanks for the feedback!

  • #2
    I see no reason not to term. Do so immediately which will show you stopped the problem as soon as your investigation was ended. That will be important in case another employee wants to proceed with a harassment case against the company. I would tell her she is being terminated for violating the harassment policy.

    Comment


    • #3
      In at will employment, you can terminate at any time for any reason except a reason prohibited by law (ie age, religion, gender) unless you have a binding employment to the contrary.

      You can definitely terminate the new employee - even in the probationary period.

      http://en.wikipedia.org/wiki/At-will
      Last edited by Betty3; 02-22-2012, 10:15 AM.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        Thanks for the responses...we have found in the past hour that supposedly, the male EE in question and another co-worker were caught talking about how to get this new EE fired in the past month. They apparently have not gotten along for the past 5 weeks. This was overheard at a bar after work. Regardless, I don't think it changes anything because the decision is based on the female EE's actions....so I believe the EE did it to herself.

        I know this will come up when we confront the EE to terminate her but we can say that the decision is based on her own actions and we will investigate and remedy any other situations independently.

        Comment


        • #5
          Sounds ok/reasonable to me.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

          Comment


          • #6
            Employees talking about how they want to get rid of a new employee who has been harassing they and others for the past 5 weeks is not a reason to halt the termination. If it were me being harassed and stalked on FB I'd want her gone too. In fact, this woman should have been gone already.
            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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            • #7
              You have a new employee who clearly does not know how to behave appropriately and professionally in the workplace - and it's not just one incident, it's a continuing pattern of behavior. I completely agree that it's time to show her the door.

              Comment

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