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Employee quitting threatening sexual harassment if won't allow unemployment claim

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curiousky

Junior Member
What is the name of your state? KY

A female front office worker in my wife's business is threatening a sexual harassment claim against me if we do not say we terminated her and allow her to claim unemployment benefits. The claim is based on an allegedly inappropriate discussion at a hotel during a conference some months ago. Now I am employed by the business but very rarely visit the office in the week and only see the person when others are present.

The alleged incident revolves around a few sentences initiated by the person of a man working in her yard who wanted the person to "hose him off" as he was hot. The person was offended by this and I said I thought it was inappropriate but harmless and that maybe the person ought to see it as a flattering comment. End of conversation. We were the only people present as far as I recall.

The person has worked for my wife on and off for two or three years - she has left three times and returned. It was obvious to my wife that she was looking for an excuse to leave as my wife has been unhappy with her work over the last three or four weeks but has not formally discussed it with the person.

To make matters worse the person was friendly with my wife before and she has visited out house on a few occasions and vice-versa and as a result we would hug in the office - a brief "air-kissing" type hug.

Now I have not made any overt suggestions and her position has not been dependent on any quid-pro-quo etc but what do we do? Do we say go ahead and try to pursue it or just let her claim unemployment benefits? Please help

Not sure if this is in the right forum!

Angry and frustrated.
 


fairisfair

Senior Member
you do the right thing, turn in the correct information, and take things from there. Why would you even consider being blackmailed?? Besides, YOU are not the ones who will make the determination of whether or not she is eligible for benefits in any case.
 

janimal

Member
Doesn't sound to me, based on your post, that this former employee has a valid case for sexual harassment.

If it were me, I would record my conversation with her, let her go into her "blackmail" routine. Then, tell her she was just recorded and that blackmail is illegal! I bet you wouldn't hear from her again....

The correct reason for termination should be reported.
 

averad

Member
janimal said:
Doesn't sound to me, based on your post, that this former employee has a valid case for sexual harassment.

If it were me, I would record my conversation with her, let her go into her "blackmail" routine. Then, tell her she was just recorded and that blackmail is illegal! I bet you wouldn't hear from her again....

The correct reason for termination should be reported.
Ky. Rev. Stat. Ann. § 526.010: It is a felony to overhear or record, through use of an electronic or mechanical device, a wire or oral communication without the consent of at least one party to that communication. Ky. Rev. Stat. Ann. § 526.020.

Anyone who inadvertently hears a conversation transmitted through a wireless telephone on a radio receiver does not violate the eavesdropping statute, but if that same conversation is recorded or passed on to others without the consent of a party to the original conversation, a violation occurs. Ky. Att'y Gen. Op. 84-310 (1984).

Divulging information obtained through illegal eavesdropping is a separate crime, punishable as a misdemeanor. Ky. Rev. Stat. Ann. § 526.060.

So the OP can see the laws for recording.
 
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ecmst12

Senior Member
The fact that these conversations took place quite a while ago, and she has no documentation that she ever complained about them or took steps through the company's sexual harassment policy prior to her quitting, and the actions don't really constitute harassment anyway, I'd say let her claim whatever she wants. Don't let the crazy chick boss you around :)
 

Gadfly

Senior Member
If you didn't do it what are you concerned about? Besides, why would you even consider giving in to her?
 

ecmst12

Senior Member
averad said:
Ky. Rev. Stat. Ann. § 526.010: It is a felony to overhear or record, through use of an electronic or mechanical device, a wire or oral communication without the consent of at least one party to that communication. Ky. Rev. Stat. Ann. § 526.020.
Doesn't that mean that if you are one party to the communication, and you consent to record it, then it's legal?
 

curiousky

Junior Member
further information and questions

Thanks for the answers. I have talked to my wife and gleaned some more details

Apparently the incident happened at a largish convention in May 06. A sales representative made a double entendre comment about a pussy and the woman is claiming something along the lines that I made fun of her over the comment etc and she was very offended etc. She is in her 30's, married, and very straightlaced.

Now she could have walked away or complained to my wife who was nearby but she said nothing at the time or afterwards - until yesterday. She is claiming that she has filed a complaint - but this doesn't seem to gel with the "blackmail" threat of not contesting the unemployment claim or she will pursue the sexual harassment.

The reason why I'm cocnerned is that I'm not an American and ignorant of American law and case-law. In my own country this would be somewhat laughable but here? My wife has lost a couple of unemployment claims even when she had letters of resignation so she is concerned too.

Are you folks saying we should just ignore the sexual harassment threat?

What about the resignation? The person shouted at my wife and made the threat of the sexual harassment case versus not defending the unemployment claim behind closed doors. She asked my wife if she wanted her to go and my wife said no why would she as she did not want to prejudice things. Wish she could have recorded it!

But what do we do now? Write to her asking why she is not at work and ask her if she has quit in which case a letter of resignation will be needed? Or just wait till the unemployment claim comes in and fight that...? On what grounds?

By the way this person has worked for my wife three times now and twice before has stormed off. She has been employed now for around 15 months. Don't ask me why my wife took her back...!

Feel free to tell me we need to consult a local lawyer!
 

curiousky

Junior Member
She has 7 employees in the company - it is an S Corp if that makes a difference.

Can you clarify to which last incident you're referring?

Thanks for the help
 

cbg

I'm a Northern Girl
The blackmailing employee is in for a nasty shock; a company with 7 employees, regardless of S corp or LLC corp or unincorporated, is not subject to discrimination laws at either the Federal or state level. So neither body will accept a sexual harassment complaint, even if it were valid.
 

Dragon2650

Junior Member
If the conversation is directed at you, or you initate it, it is Ok to record. Interception by a third party is not OK. The unemployment laws are tough. You'll lose unless you can prove "misconduct" or "willful misconduct, " within the meaning of an unemployment compensation act excluding from benefits employees discharged for such behavior, includes acts of wanton or willful disregard of the employer's interests; deliberate violations of the employer's rules; acts in disregard of standards of behavior which the employer has the right to expect of employees; or negligence in such a degree as to manifest culpability, wrongful intent, or evil design. One purpose of this type of provision is to deny the benefits of the statute to those who bring about their own unemployment by conducting themselves with such callousness, and deliberate or wanton misbehavior, which, to the minds of reasonable men, would justify their discharge. Another purpose of unemployment compensation statutes is to prevent the dissipation of funds due to disqualifying acts rather than to a lack of a suitable job opportunity. In applying those statutes aimed at preventing the funds set aside from enforced contributions by employers from being used to provide unemployment compensation to persons who have become (or have remained) unemployed through their own fault, courts in several instances have considered the eligibility of a claimant as affected by the circumstances that his loss of employment was brought about wholly or partially as the result of the commission or threat of commission of physical violence. In most instances, the cases dealing with the issue have involved a determination of whether threats or acts of violence (alone or in combination with other factors) are within the purview of statutory language barring a claim for benefits where the claimant's discharge was caused by "misconduct" or "willful misconduct," or by his or her having "provoked" the discharge.

You had better check your state's statutes, case law and adminstrative rules before going forward with a denial of benefits as it may cost you more in the long run.

John
 

Gadfly

Senior Member
The one thing you should know about American law is that anybody can sue anyone over anything.

Now winning, or even being taken seriously by a judge is another issue.

Seems too that unless she makes it a he-said -- she-said deal, there would be a lot of up front expense of getting wittnesses that she would have to absorb prior to any real court date.
 

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