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Indecent behavior on company's time. Texas

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  • Indecent behavior on company's time. Texas

    One of our employees reported seeing another employee (employee X) engaged in sexual conduct with another employee (employee Y) in the back of employee X's car. Per the written statement, the reporting employee was going towards the plant when she noticed employee X's vehicle had a for sale sign on its back window, so she decided to get closer to the vehicle to get the phone number. Per the employee's statement, when she got to look at the number on the window, she couldn't help to notice employee Y was performing oral sex on employee X, and at that instant employee X saw her and quickly got out of the car (while buttoning up his shirt and closing the zipper on his pants), and asked the employee if she was interested in the car, and the employee quickly told him no, turned around and left.

    Employee X's car was parked on an area that is attached to the company; but belongs to the city. Although the area where employee X's car was parked is not on company's property that area is also used for parking purposes by many more of our employees. The same employee was previously reprimanded for conducting personal business at work (trying to sell cars on premises), so ever since, employee X kept bringing cars to work with for sale signs; but parked them on the street where he got caught with employee Y.

    I am about to conduct a meeting with employees X and Y (separately) to terminate their employment; but I am unclear as of what terms to use. Can I get them both for indecent exposure at work (or near work)? or should I basically terminate employee X's employment for stilling company's time, unfortunately employee Y had already clocked out. Please advise, I want to terminate both of their employments. Neither one of them deserve to work at this company.

  • #2
    So, two employees were involved in a personal interlude off work hours and off work property and you want to terminate? I suppose you are entitled but unless there is a lot you left out they are both consenting adults and it seems petty to fire them over it. if there is more to the story such as they were both supposed to be at work, use that as the excuse. No need to get into the details of what they were doing instead of working.
    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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    • #3
      One of the employees was on the clock while the other one had already clocked out. They were both basically indecently exposed in a vehicle parked on the adjacent street to the HR department an area that belongs to the city; but which many of our employees use to park their car while at work.

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      • #4
        Who cares? Honestly. They weren't flashing the general public. One employee got nosy when he/she saw the vehicle was occupied and then blabbed. I can see busting the one who was fooling around on the clock but I really don't get firing the other. It may be legal but it sends a very negative message to the rest of the workforce that you will intrude on what they do off hours and off site. At least prepare for the negative repercussions among the rest of the staff.
        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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