Using sexual harrassment charges to get even with a manager?
 

I am a manager of 7 people in my office--2 males and 5 females.

It was a great place to work until this new women transferred in from another department. Since her arrival the once high performance team is now a dysfunctional lot.

Not only does she drag down the moral of the other team members, she is a poor performer. I have many customer complaints about her service and her combative nature when a client wants things their way.

Not so long ago I would have fired her on the spot, but we a now a kindler and gentler company. It can take up to 18 months to get rid of someone as long as they don't do something outright illegal.

On Wednesday I was forced to write her up for poor performance and poor customer service. As required I have the documentation and data to back it up.

This past Friday my manager shows up (unscheduled) and says she has to interview ALL the staff--she didn't say why. Over the course of four hours everyone was interviewed.

Then it was my turn--to my shock and horror--she told me an anonymous call had been placed to human resources that I was sexually harrassing the female employees.

I was furious and almost lost in right there. I told my manager, who is aware of the problems created by this woman, that I knew exactly who made this "anonymous" tip.

I had to answer questions that had to be asked as the company has to take all harrassment charges seriously. My manager was quite embarrassed having to ask those questions and she apologized many times. I told her it was ok--she had to do her job.

It is Labor Day weekend--a three day weekend for me. But instead of relaxing and having fun, I get flashes of anger everytime I think about it.

We were a great team that worked together for a long time and I'm lucky to call these people my friends. We all wish she would leave but her reputation precedes her and no other department wants her.

I really feel like resigning. The charges are ridiculous and I tell myself to just get over it, but how can you work when people play dirty like this? You do your job and some lowlife resorts to this? I don't think I can have a civil conversation come Monday with this person.

I'm sorry this is so long, I'm just trying to vent some of this anger that just keeps building.

Don't resign, she's won if you do that. Not only that, if it comes to your being hired elsewhere, and they ask about the circumstances of your resignation...
Stick with the company method of getting rid of her and dream about that.

No sage advice here, but...

..don't let her win by resigning. If the company is in your favor (and it sounds like it is), find a champion within the organization, a higher level individual that can coach you through this.

Perhaps they can help you with a well written letter for the case. I don't think the company is obligated to report this to the "authorities" but they do need to show due-diligence in investigating this in case she ever sues.

Obviously now it will be even tougher to fire her unless your company can prove that she was harrasing you by filing the claim, which of course you can't because it was anonymous. Perhaps your subordinates can find out? (better not drag them into it in retrospect). So maybe you can just mothball her.... off in some harmless assignment that keeps her away from the team. Keep her negative attitude away from them.

Wow, man. I'm really sorry to hear about this. Your story is making me angry and I've never even met you or the lowlife. Might be a good time to talk to an attorney. So long as she remains anonymous and the rest of the team supports you, then you're likely in a very strong position and all she can likely do is annoy you. But if she gets the gumption to reveal herself, then a slander suit is not necessarily out of the question. I can tell you from personal experience that a slander suit is a mighty hammer that can squash an irresponsible bug flat.

If it helps you feel better, don't forget that people who behave badly rarely succeed in life. I am hitting 40 and I have a long memory. I am always encouraged to see lowlifes crow loudly over their temporary gains only to sink into the sewar over the long haul. And the people who worked hard and did the right thing (or at least tried) typically do very well over time. The pattern is so consistent that I've even started to feel badly for lowlifes like the one you describe. They almost never find hapiness and usually, in the long term, hurt themselves more than they hurt anyone else.

Fire her immediately. it's bad for the company if you don't.


she can sue you if she wants afterwards...but she wont have a case.

This happened to me several years ago in a large US pharmaceutical company. Although the charges were unproven and unprovable since they were false, the shadow of the issue dogged me until I finally left the company. My life there became a misery. I had to watch every word, every phrase. I could no longer joke around with the staff. I had to be sure that none of my actions could be interpreted as even vaguely sexual in any way. Remember sexual harassment is any word, phrase or behavior that makes some one uncomfortable. If your employer is very fair and you keep impeccable records of all incidents involving this person then you'll be OK. Especially if she has issues with other men AND you can prove that the complaints against you started after her job performance became an issue.

Offer to have a camera installed in the dept. That should kill any questions about your conduct.


I can give my uncle Tony in Brooklyn a call if you need.

Thanks a lot guys...your comments REALLY do help.

Luckily I have my coworkers to back me.

I will just have to be careful and always have someone around as a witness when I have to deal with this person.

This anonymous method of reporting is for the birds. Got a beef with someone--phone in a tip and screw with their career. Maybe this happens all the time but we never know about it.

If you have witnessed an incident then you should give your name and stand by your statement.

I may consult with an attorney.

Uncle Tony in Brooklyn...does he install camera's, or is he in a "different line of work?"

A few years back I was in charge of a manufacturing facility. We had a absolutely terrible employee who was always causing grief for everyone one around him. One day after speaking to him about yet another infraction (his record was filled with such things) he responded by saying that I made a racial slur towards him and filed a report. Corporate HR got involved with this investigation and of course found nothing but would not fire this employee for his false accusations and damage to my reputation. He later left the company due to attendance infractions but I have always been solely disappointed by the poor decision (lack of 'balls') from the corporate HR. I left the company shortly thereafter. One day I hope to run into this old employee one day.

The truly sad part that when an employee falsifies these reports it truly empowers this scum - they have basically become untouchable (please note that I am referencing the untrue and unfounded cases - I thoroughly realize that there are actual cases of sexual harassment and racial discrimation in the workplace). The company, in most cases, is afraid the fire them since this action would be viewed as retaliation if the employee went to the labor board.

Does this fit the legal definition of defamation of character?

Man...................... EXCACTLY! -Don't let someone like that destroy your career and position. Get smart and get to business protecting yourself and your future.

I would go to HR and ask to see an attorney that the company pays for and/or assigns. Put a plan together that protects you.

The allegations made are up to a jury to decide so allow no room for misinterpretation.

In many states (if not federaly) the company and it's management can be sued.....and the person being accused can also be sued civily. There's alot at stake.

I think it must be determined that, in fact, a prohibited employment practice did in fact take place. Your company is protecting itself and this is routine treatment in dealing with disgruntled employees.
Based on what I've read here there doesn't appear to be a prohibited employment practice taking place. Did she report this to your superior? Did she ask you to stop whatever behavior your being accused of? And the list goes on and on.
Fact of the matter is, by not taking appropriate action this can be percieved by the employee that their behavior and/or performance is acceptable. I would continue with the progressive discipline but first let her know what is and what isn't acceptable. Give her time to improve. And if this doesn't do the trick bring her in for a day-in-court. You must have the proof and must let her know what rule or regulation is that she is accused of violating. Give her the opportunity to give her side of the story. Also, it's important for her to have a representative present during the interview...for obvious reasons. If discipline is warranted, issue it. Just make sure the discipline is reasonably related to the infraction. Avoid desperate disciplane and make sure it's equitable.
Now, quit whining and enjoy you day off!

I carry a 72 hour digital voice recorder set on voice activation.

It's really for field investigations and interviews with suspects, however in recent times it has seen service at staff meetings, training seminars, and when I have to councel or "appraise" staff. It is a sad fact that there are some out there who will stick a knife anywhere they have to to get a leg up. There is at least one less cretin in my department as a result of her malicious plan being foiled with a 30 second .wav file recording a red-hot lie...

Don't resign, get smart, and get even!

Just wondering. Are there any protocols when you're about to record someone (visual or audio)? Do you have to tell them what you're going to do or is it okay to covertly do this?

Sherwood

Hmmm, Sherwood - very interesting topic! One I've had to write government policy on :)

I couldn't begin to comment on the US, nor any other country suffice to say that there are increasing rules and protocols (rightly) being legislated everwhere. Since 9/11 (and other events) there is an increasing tollerance to the use of recording devices to prevent terrorism - but at the expense of some civil liberties.

In Australia it is lawful to record a conversation you are a party to. That is, if you are involved in the conversation (being present and using non verbal language included) then you have a right to record the conversation for accuracy. You do not have to tell any person - however if you are a police officer and consider that you may use the conversation as evidence in court, you must warn the other parties that the conversation is being recorded. Unless you have a "monitoring warrant" which means you can record away to your heart's content!

I know it may seem draconian, but there are times that it is appropriate to record certain conversation in the workplace. I call it C.A.R.E

Cover
Arse/Ass
Retain
Employment

It is very hard to dispute what was said when it is recorded... that includes the voice inflections and implied tones that a written record cannot reflect.

Strewth John, I had no idea keeping fish in line was so frought with danger! ;)

Oh and welcome "luvmypcar" - been lurking for long before deciding this mob would be the place to come for legal advice?

Contact HR, or competent legal representation, prior to using a recording device. In the federal sector this is strictly prohibited in the manner being discussed here.

I'm not sure I'd want to work for a company that allowed anonymous accusations -- too many opportunities for a disgruntled person to use such an anonymous system to slander the good names of others, as sounds to be the case in this situation.

If I were in your situation and decided to leave the company, I'd show this woman what real sexual harassment was before I left! :eek:

I like the recorder idea -- that's a great CYA tool.

I'm in the business of separating people from the Navy. We do a dozen administrative separations in any given week. Normally, it's fantastically difficult to separate someone -- you have to demonstrate cause, show documentation, etc. There's a lot of hassle involved in firing someone from the Navy. However, if it's really important, there's always backdoors. I'm sure that your situation is no different. There has to be some undocumented feature, something that one of your friends in HR knows about that will make this easier.