Quote:
|
I think this is where I’m getting a little uneasy. So in the case of a relatively severe complaint, but an employee is wanting to/open to working it out, should I.t really matter? Why would the company want to keep that person on, even if the employee was okay with trying to work it out. That person sexually harassed a fellow employee, should it matter if the complaintant is open to working with them still?
|
If only it was that easy. Companies aren't given much of a choice.
It is pretty tough, especially in a unionized environment to fire someone who is of sound mind for cause for a single incident of harassment, even if it is significant. Police probably need to be involved or the person has to have some pretty significant authority or abused management powers. Now compound that further with someone who might have a drinking problem, drug problem, be suffering from a mental issue which any doctor will issue a diagnosis for and it becomes nigh impossible to terminate employment under these circumstances. We now have a "duty to accommodate".
If this is something that interests you, I'd encourage you to attend an employment law year in review or something similar, where they review some key arbitration cases. There are cases that will make your head explode and awards that will leave you speechless.