Home » LAW »» Employment & Labor Law

Great Picture (Employment & Labor Law)

Sun, 29 Oct 2006 09:14:00 GMT

What is the name of your state? CA
The accusation:
"The employee (subordinate, male) was working in the server room and had leaned over a workbench to retrieve something that had fallen.
You (the supervisor of employee, male) walked in the door and said "that is a great picture".
The employee asked picture of what and was told "good picture of your butt".
The employee asked what you were talking about and the supervisor repeated the same thing.
The complaint further states that you (the supervisor) stand behind said employee without saying anything. The employee states it makes him extremely uncomfortable in light of the comment you made in the server room."
The incident was formally reported by the employee to the HR department and the Corporate HR department.
This was the first and only incident with the employee. Except a verbal remark from HR that the employee claims that the supervisor follows him around. HR inquired of the employee and stated that the supervisor would ask a question. Then the employee would start away. HR asked the employee if the supervisor followed and the employee said no.
The supervisor denied the accusations.
It is not known if there was a witness.
HR stated to supervisor that there were other complaints by 2 female employees that the employees didn't choose to have written up. The remarks were: "that's a nice blouse" and the other was "athletic" on casual day when the employee had a running outfit on.
The supervisor sent a written rebuttal to HR stating that he didn't recall the incident as described and that such action would be out of character. Also, in subsequent staff meetings and on a group birthday luncheon for the employee, the employee didn't demonstrate any stress or uncomfortable behavior.
A concern of the supervisor is that he doesn't recall the incident because the way it is described doesn't trigger a memory. It is possible that something could have been said in a joking manner and just passed off by the supervisor. If something was said, it would have been joking around like one of the guys. [If the situation were reversed, such remarks made seriously would be considered offensive to the supervisor].
About 2 weeks have gone by since the alleged incident. The supervisor is managing the group as always. The employee dropped off an extra can of diet soda a few days ago as he will do from time to time.
When this incident started, the Supervisor's boss identified the Harassment complaint in a Disciplinary Notice Written Warning that was prompted by the complaint. The Disciplinary Notice appears to be structured to document cause for firing the supervisor regardless of the outcome of the harassment issue. The notice has not been formally responded to by the supervisor. The 1st week of the 30 day notice has passed and a status/progress report has been submitted to the Supervisor's boss.
What can the supervisor do to protect himself and career in this matter?

Comments (1) | Promote | Bookmark |

Employment & Labor Law Open Questions

Great Picture

What is the name of your state? CA The accusation: "The employee (subordinate, male) was working in the server room and had leaned over a workbench to retrieve something that had fallen. You (the supervisor of employee, male) walked in the door and said "that is a great......

Gratuity vs. Service Fee

I am seeking to find out if there is a difference between a gratuity fee and a sevice fee in regard to the catering business. Would it be fraudulent to create a contract that states you are charging an 18% gratuity fee that then gets taken by the businees rather than disperesed amongst the wait......

Gratuity Laws- AZ

I work in Banquets for a large chain hotel in Arizona, recently the company has decided to cap our gratuity and service fee rates at $5 an hour (we were receiving between 15-20 an hour before this). The grauity and service charges being charged to customers have remained the same. I know that......

Gratuity laws

I work in Banquets for a large chain hotel in Arizona, recently the company has decided to cap our gratuity and service fee rates at $5 an hour (we were receiving between 15-20 an hour before this). The grauity and service charges being charged to customers have remained the same. I know that......

Gratuity In Florida

Ok, this is in a hotel (Banquets) where everyone is paid by the hour. When the guest at the end of the night receive there check it has a 21% gratuity on the check, which the employees don't get. Guest are told that helps pay the employees (which any money charged to the guest helps with that).......

Gratuity

I work from timt to time at a restaurant in VIRGINIA. My concern it that the owners force the waitstaff to give a 5%(sometimes more) portion of our gratuities to the kitchen employees. We work for the standard $2.13 an hour. the cooks make hourlry and saraly wages. this includes dishwashers and......

Gratuities Paid/Received Alabama

I am a salaried/exempt employee for a non-profit organization. I am the Director of the Food Service Division. We provide catering services, on and off site for the community. Often times, the customers will pay a large gratuity on an event. Are my workers and myself entitled to this gratuity?...

Graphic artist wants to know her rights about portfolio at job.

Hi. I was terminated from a job a little over a year ago and it was under very difficult circumstances. Now I would like to get copies of the files of art that I created for this job so that I can use it for my portfolio. What are my rights for this? Do I have any right to be able to get my work......

Grant Question

What is the name of your state? Texas I work for a county hospital district in texas, I am considered an expemt employee and do not get paid overtime, although I clock in and out each day. We received a state grant to teach an outside class that was taught on my days off, additional to my 40 hr......

Grandmother paid for watching gr.child;must she file/pay taxes?

What is the name of your state? NY A woman cares for her grandchild and is paid approximately $600/month in cash. Does the grandmother have to file income taxes and pay taxes on that income? If the answer is "it depends", what are the criteria that need to be looked at in determining......

Some questions maybe you're interest in...

Judgement / Garnishment What is process?

[BANKRUPTCY & CONSUMER CREDIT] What is the typical process for getting a judgement and payroll garnishment? If a creditor is trying to get a judgement against me, will I know it? Do I find out when my paycheck doesnt show up? Thanks......

Can the mortgage insurance premium be discontinued on an FHA loan in us?

[Real Estate & Property Law] Can the mortgage insurance premium be discontinued on an FHA loan in us? Thanks, I would appreciate your immediate attention to this matter. Joann......

IRS Liens/Chap.13/Determination of Secured Portion

[Tax Law] What is the name of your state? Texas If there is only $2,000 worth of equity/property available to secure a fed. tax lien of $45,000, (the taxes in question being otherwise totally dischargeable) and the taxpayer files a ch. 13 bankruptcy, is the lien automatically extinguished at the.........

Would this work as evidence?

[Immigration Law] I had my AOS interview last week and they need me to send more evidence that we are actually living together. I've had problems getting my name on utility bills as they are in our landlords name. We have joint bank statements which I have already given them, but they need more. I have just found.........

Title Reassignment

[Additional Legal Subjects] Hope someone can perhaps give me a little info about our options in this situation: We purchased a motorcycle from a man (who we will call Jim) who had recently purchased the bike himself, the week prior, from the original owner. After having it a few days Jim realized he would be better off with.........

Fake Social Security Number

[CRIMINAL LAW & PROCEDURE] I am not necessarily asking for advice. I am seeking information about what penalty my daughter's ex-boyfriend may receive. He was ordered to pay child support five years ago and has not paid a cent. The Child Support Enforcement Agency finally caught up with him and discovered that he has been.........

athletics

[Government & Administrative Law] What is the name of your state? oklahoma Is it legal for a basketball coach to require a student to attend basketball camps or play summer basketball in order for them to play or tryout for a team?......

car & ch7

[BANKRUPTCY & CONSUMER CREDIT] What is the name of your state? KY Hi! I have a question, we are about to file Ch7 and one of the things included in this is our car. The transmission went out, we couldn't afford to have it fixed and we were behind on payments anyway. So we decided to just let them reposses it. I have children,.........

died out of country

[Wills & Trusts] What is the name of your state? Florida How can I recover escheated funds when the person lived and died outside of the United States?......

Small business fiasco

[COURTS, LAWYERS & LITIGATION] What is the name of your state? Tennessee I run a taxidermy business. I mounted a clients trophy and called several times trying to have the balance sent so his mount could be finished and shipped to him. I first contacted this person in early Spring of 2007 trying to get him to send the.........