Managerboss1
New Member
- Jurisdiction
- New York
I'm a store manager at a retail outlet mall and recently, I wrote up an employee over harassment, even though the behavior doesn't meet the legal definition of harassment.
My assistant store manager came to me that she and who I will call employee A were talking about gay rights. Within that conversation, employee A stated that employee B made her uncomfortable a year prior because employee B made a comment that the idea of same-sex relationships are weird. Also, in that conversation was another person, who I will call employee C. I was shocked and horrified by this revelation and asked my assistant why neither employee A and C came to me right away about this highly inappropriate discussion. My assistant store manager claims that employee B made both employee A and C horribly scared of working with B, even though A and B closed multiple times together, that they're scared for their life and that must've been why they didn't say anything until a year later, employee A had been ruminating about the event since a year ago, and that employee B must've gotten up in their faces and intimidated A and C to not speak up.
I talk to employee A, who confirms the allegations, but she kept telling us that it happened a year ago, that she's over it, and that it's nothing and the assistant manager didn't have her consent to report it. I then call employee C who gave me more information that employee B asked employee C's views on the political landscape and asked if C believed in God. I then investigate harassment and sexual harassment under the employee handbook. Unfortunately, neither employee A and C made it known to employee B that the behavior was making them uncomfortable, there was no repeated discussions after this incident, employee B doesn't have a record of anything and has been a stellar employee, I spoke to all my other employees and no one has said that employee B say anything harassing since then or before, employee B has treated everyone kindly and friendly, this incident occurred a year prior, and with that, it wouldn't fall under legal harassment according to harassment laws federally and in the employee handbook. I still write up the employee for harassment. When I confront B about the allegations, she admits to them.
Then fast forward three weeks later, on Monday, one my sales leads comes up to me and tells me that the day before that employee B told employee A that she can't discuss speculating other people's sexuality, not to discuss politics, and talking about sex acts because that is sexual harassment. Then employee A comes up to me and tells me her concerns that employee B is massively overstepping. Employee B goes to two other sales associates and says on the sales floor that they shouldn't be discussing inappropriate topics on the sale floor, and she says this in front of customers. Everyone came up to me with concerns that they'll be written up for harassment, and I have to say to them that they won't and they have nothing to be afraid about because they haven't done or said anything wrong. I also add that everyone, except employee B, can discuss politics as long as they're in agreement, since they have the first amendement right.
Employee B is seriously overstepping her boundaries by ordering people because she isn't a sales lead and isn't a manager. I'm thinking to myself, do I have to write her up again to stop her from harassing her coworkers? I'm at the end of my rope with this associate. Should I fire her?
My assistant store manager came to me that she and who I will call employee A were talking about gay rights. Within that conversation, employee A stated that employee B made her uncomfortable a year prior because employee B made a comment that the idea of same-sex relationships are weird. Also, in that conversation was another person, who I will call employee C. I was shocked and horrified by this revelation and asked my assistant why neither employee A and C came to me right away about this highly inappropriate discussion. My assistant store manager claims that employee B made both employee A and C horribly scared of working with B, even though A and B closed multiple times together, that they're scared for their life and that must've been why they didn't say anything until a year later, employee A had been ruminating about the event since a year ago, and that employee B must've gotten up in their faces and intimidated A and C to not speak up.
I talk to employee A, who confirms the allegations, but she kept telling us that it happened a year ago, that she's over it, and that it's nothing and the assistant manager didn't have her consent to report it. I then call employee C who gave me more information that employee B asked employee C's views on the political landscape and asked if C believed in God. I then investigate harassment and sexual harassment under the employee handbook. Unfortunately, neither employee A and C made it known to employee B that the behavior was making them uncomfortable, there was no repeated discussions after this incident, employee B doesn't have a record of anything and has been a stellar employee, I spoke to all my other employees and no one has said that employee B say anything harassing since then or before, employee B has treated everyone kindly and friendly, this incident occurred a year prior, and with that, it wouldn't fall under legal harassment according to harassment laws federally and in the employee handbook. I still write up the employee for harassment. When I confront B about the allegations, she admits to them.
Then fast forward three weeks later, on Monday, one my sales leads comes up to me and tells me that the day before that employee B told employee A that she can't discuss speculating other people's sexuality, not to discuss politics, and talking about sex acts because that is sexual harassment. Then employee A comes up to me and tells me her concerns that employee B is massively overstepping. Employee B goes to two other sales associates and says on the sales floor that they shouldn't be discussing inappropriate topics on the sale floor, and she says this in front of customers. Everyone came up to me with concerns that they'll be written up for harassment, and I have to say to them that they won't and they have nothing to be afraid about because they haven't done or said anything wrong. I also add that everyone, except employee B, can discuss politics as long as they're in agreement, since they have the first amendement right.
Employee B is seriously overstepping her boundaries by ordering people because she isn't a sales lead and isn't a manager. I'm thinking to myself, do I have to write her up again to stop her from harassing her coworkers? I'm at the end of my rope with this associate. Should I fire her?
