Honestly, It is hard to say because We don't know what happened. because 1. From what you wrote . . . we have a one sided version of events Usage of words like 'Trapper' and 'bullies' lead me to beleive you are either: 1. The Woman 2. The Side piece or 3. a friend of the woman or side piece None of which are in position to be a reliable narrator That said. . . barring other witnesses . . . i could not see this being a fire-able situation unless the 'bullies' confess. otherwise. . it is 2 people's words against hers. The manager may suspect the 'truth' but with little proof I don't know how actionable that is. . .. . Firing two employees because "She didn't like us" [their story] Could open the company up to lawsuits I would not think that would endear her to her remaining coworkers either esp if the bullies were 'well liked' this is why sexual assualt cases are so difficult Companies don't have to follow the law on level of proof but it could leave them vunerable So they make a decision 1. We can be sued for allowing sexual assualt - but if everyone toes the line . .. not much will come of it without proof or 2. They can get sued for wrongful termination - which is everyone toes the line . .. they might not win Rocket River
Alright, the verdict is in: This could be a legitimate case of hostile work environment sexual harassment, IF the conversation in question involved any questions or other communication or actions that were sexual in nature and would offend any reasonable person. At this point it’s important for the manager to immediately suspend the workers responsible for this incident pending an investigation. Gather statements from all who were involved and determine exactly what was and was not said, and what did and did not happen. If the fact finding reflects that what the OP posted is more or less what actually happened, then the offending employees should be terminated on the grounds of sexual harassment by creating a hostile work environment. Unless the company’s employee handbook calls for some different type of progressive discipline (unlikely). It’s also important for the manager to act quickly and decisively with facts and documentation to support their actions. That will help with avoiding any punitive liability should a law suit come looming down the road. After the dust settles, the manager should review the company’s sexual harassment policy with the entire staff with an emphasis on the company’s zero tolerance stance if it exists (it should.) If the conversation was not sexual in nature, then progressive discipline is definitely in order. Beginning with the suspension which would already be in place, and a signed acknowledgment from the offending employees placing them on a specified probation and a statement saying that any type similar gross misconduct at any time in the future will result in immediate termination. And that’s how it’s done. Human Resources, FTW!
Don't know what kind of operation they run and how valuable they think the woman is. The manager might hope she does quit so he doesn't have to take action. There is potential for a sexual harrassment lawsuit, but the company might figure the suit is unlikely to be filed if the woman doesn't want her husband to know of her infidelity. If it's a big company, they probably do it by the book and take some action against the 2 coworkers. If it's a fly-by-night operation, and the coworkers are more valuable as employees than the woman then it's quite possible they do nothing. In any case, expressing an interest in suing increases likelihood of getting redress, but also opens chance for retaliation. Tread carefully.
The woman must consider that there is a good chance her husband finds out about her "side piece" if anything escalates in this situation, especially if it becomes a legal matter, assuming he doesn't already know. The text messages she got from the people she is accusing might help prove her case to her boss, but unless they said something really offensive it's hard to say what the consequences might be for the accused bullys. Here is an article on bullying in the workplace: http://www.thegrindstone.com/2011/0...ne-line-between-teasing-and-bullying-at-work/ Here is a relevant part to consider:
Unless these guys have actual written employment agreements, this is a right to work state. And if any of my employees did this to any of my other employees at any time, I'd fire their asses immediately.
Sex or intent is irrelevant. Hostile Work Environment Sexual Harrament is based on the Reasonable Person Standard. "In determining whether harassment is sufficiently severe or pervasive to create a hostile environment, the harasser’s conduct should be evaluated from the objective standpoint of a “reasonable person.” Title VII does not serve “as a vehicle for vindicating the petty slights suffered by the hypersensitive...” Thus, if the challenged conduct would not substantially affect the work environment of a reasonable person, no violation should be found." LINK
I always know rocket river's & swoly's posts just by reading them, before looking to the left at their names. :grin:
It started with the bully asking, "Arent you married?". Victim repllied, "yes I am." bully said, "and you have a boyfriend at work?" Bullies together: hahahahahahahahahahahahahahhahahahah waaaaaaaaaazzzzzzzzzzzzz uppppppppppppppppp.
