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Legal Question - Company Fires Employee after Investigation (1 Viewer)

C

cubd8

Footballguy
A co-worker of mine was recently fired after an investigation by our HR department into two separate incidents at company happy hour events where he got too into some female interns on our teams.

The first time, as the happy hour was winding down, took a Uber ride with an intern and was accused of groping the intern in the car. The 2nd time, he walked an intern back to her residence (she is living within a few blocks), got inside her place to use the bathroom and started hitting on her. In both events, to my knowledge, the girls were unharmed physically, but left very upset with the situations..

The two interns started talking and realized that the same guy had similar incidents and reported it....

My question....Although these events started off as company happy hour events, both incidents happened at locations not where the company event was. Legally, I assume the company can still make the decision they did without any backlash, but is there any separation of work vs. personal in a situation like this? Does that not matter if the event started as a company event OR did two different allegations bring credibility to these allegations?

Bottom line....No, this wasn't me. I do believe the interns. I had only met this person a few times and he was a bit over-aggressive, younger guy and I'm guessing he gets even more aggressive after a few drinks....

 
I am pretty sure that guy would get fired in any state. The guy is a liability to the company if something does happen, especially with reported instances. Plus I doubt the people he harassed want to see him every day at work. Additionally, in most states you can get fired for any reason outside of legal things like whistle-blowing or protected class stuff. 

 
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Suppose  the law would probably vary state by state but I can say at my company it wouldn't make a difference whether it was a company event or not. If it involved company employees that would be all that mattered.

 
Illinois in an At Will state. You can be fired for any reason or no reason at all so long as it isn’t an illegal reason, such as discrimination. 

 
Cjw_55106 said:
Illinois in an At Will state. You can be fired for any reason or no reason at all so long as it isn’t an illegal reason, such as discrimination. 
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I think every state is at-will, although a few have some variations of implied contract or public policy exceptions. Except probably Louisiana, where normal legal assumptions don’t apply. 

This guy’s going to get fired in every state as far as I’m aware. If he were a pregnant black disabled Islamic lesbian, he might get two weeks notice, but I doubt it. 

 
You do not have to be in the workplace to create a hostile work environment or to sexually harass a co-worker.  Pretty basic sexual harassment training there, even more so if he has any position of authority over the interns, which often any full-time employee would count as. 

 
Wherever he is, they are still interns and he is still an employee over them. Good rule of thumb is there is no separation of work vs personal life with someone you can tell to get you a cup of coffee.  Ever.

 
These days companies almost have to fire the person.  At a minimum even with conflicting stories it would be one warning, next one you're fired.  Of course it depends on who the person is.  The more the person is "needed" by a company the more slack they are given.  Truth.

 
The Iguana said:
You do not have to be in the workplace to create a hostile work environment or to sexually harass a co-worker.  Pretty basic sexual harassment training there, even more so if he has any position of authority over the interns, which often any full-time employee would count as. 
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Yep

My employer is one of the most difficult to get fired from. Even here there's defensible basis to remove the guy, presuming the complaints are credible. 

 
What a dope. Given the current climate, im pretty sure I'd need a video taped consent statement and notorized written invitation to make a run at a co-worker (let alone an intern)

Dude deserves what he gets

 
Wow. Feminism accomplished what The Junior Anti-Sex League never even thought possible judging by our responses of almost invariable fear of reprisal for an unwanted display of affection.

Talk about a chilling effect. Maybe they should all wear red sashes 'round their waists. Then we'd all get the message.

Guy's still a dope, though. Probably acted uncool.

 
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rockaction said:
Wow. Feminism accomplished what The Junior Anti-Sex League never even thought possible judging by our responses of almost invariable fear of reprisal for an unwanted display of affection.

Talk about a chilling effect. Maybe they should all wear red sashes 'round their waists. Then we'd all get the message.

Guy's still a dope, though. Probably acted uncool.
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groping someone is not a quote unwanted display of affection brohan its a crime take that to the bank 

 
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SWC said:
groping someone is not a quote unwanted display of affection brohan its a crime take that to the bank 
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You know what? I read the OP last night and the responses this morning and missed/forgot that.

You're right, SWC, it's sexual battery at best. My bad. 

Good to see you back, brohan. 

 
cubd8 said:
My question....Although these events started off as company happy hour events, both incidents happened at locations not where the company event was. Legally, I assume the company can still make the decision they did without any backlash, but is there any separation of work vs. personal in a situation like this? Does that not matter if the event started as a company event OR did two different allegations bring credibility to these allegations?
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It doesn't matter that it's a "company function" as much as it's two interns.  Even if he's not in their chain of command, as a full time employee there's still an imbalance of power which makes his advances even worse than they are on face value(although the groping is inexcusable, no matter the situation).

 
CletiusMaximus said:
I think every state is at-will, although a few have some variations of implied contract or public policy exceptions. Except probably Louisiana, where normal legal assumptions don’t apply. 
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I don't know about other states, but Montana is not an at will state.  Employment is at will during the employee's probationary period of a maximum of six months.  After that you have to be able to show "good cause" if you fire them.  

 
Montana also had weird gifting laws, especially as related to wedding rings. They don't quite have the "bonds that tie" thing down and in concert with the rest of the country. 

 
Deosn't matter where it took place, and it doesn't even matter that it was two interns.  If he groped two random women on the subway, he could still be fired for that.  

 
Thorpe said:
Deosn't matter where it took place, and it doesn't even matter that it was two interns.  If he groped two random women on the subway, he could still be fired for that.  
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Other than in Montana, apparently, he could also be fired if he did not grope two random women on the subway.

 
I wonder if the outcome would be different if there wasn't groping involved in the 1st incident. As in both were just 'hitting on'

You can't pay me enough to be single right now 

 
i work for a bank, always have.  not sure of the legality, but from a practical standpoint, i subscribe to clean living.  i act as if i’m attached at the hip to my job and we are one and the same.  at all times i have been taught i am a representative of the bank.  that said, i was also taught groping is a no no and in today’s day and age, not understanding that makes you someone i don’t want on my team.  it means you must be a stupid moron.

 
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