Why a "bad" employee seldom gets better. Firing employees guide.
Nothing does more damage to workplace harmony that charges of sexual
harassment. Once it appears, it can destroy team dynamics and divide
everyone into opposing sides. Unfortunately as a manager or business
owner, you will eventually come across this problem. As the employer,
you can get caught in the middle of a bad situation which can lead
to lawsuits. But you can deal with this problem. You must take a
few precautions and then decisive actions when firing employees for
sexual harassment.
What Constitutes Sexual Harassment
Since sexual harassment depends on the feelings and opinions of
the people involved, it can be confusing. As an employer, you must
set specific guidelines defining sexual harassment in your workplace.
Here are a few points that you should cover. First, the harassment
must create a hostile work environment that creates a feeling of
awkwardness or makes employees uncomfortable. Second, this behavior
is unwelcome, offensive or aggressive. The average person would find
this behavior offensive. Third, sexual harassment may prevent employees
from being able to carry on with normal work duties. You must clearly
define what makes up sexual harassment and include it in your employee
handbook. When you see it in your workplace, you must deal with it
immediately.
Handling Sexual Harassment
When it comes to sexual harassment an employer must take action.
You can be held liable if you allow it to continue without doing
anything. Once an incident occurs, begin an investigation. You must
to get both sides of the story, so interview everyone and explore
every incident. It is important to get all the information available,
no matter how insignificant it may seem. During the entire investigation,
you must remain professional and keep everything confidential. Also
you must document everything. If you eventually fire an employee
for sexual harassment, you need this legal evidence to support your
decision.
Firing Employees for Sexual Harassment
Not only should you document the investigation, but you also need
to document any measures taken to stop the harassment and reprimand
the employee. You should follow company policy exactly. If investigation
gives you enough evidence to dismiss the employee, you should also
document the termination process. Conduct a termination meeting and
clearly explain everything to the employee. It is important the employee
understands why you are firing him or her. Answer any questions the
employee may have. Here it is a good idea to have a representative
from human resources to help you. You should write everything up
and keep copies on file.
Firing an employee for sexual harassment is not as easy as one might
think. But by taking a few precautions, following procedure and documenting
the process, you can deal with the problem efficiently and effectively
while avoiding future lawsuits.
Most
employers make these mistakes before firing. Will you?
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