Terminated for Inappropriate Conduct with Subordinate but another employee was not

[Skyymiles]

What is the name of your state (only U.S. law)?Missouri

Ok so here's the deal. I'm a supervisor. I had a inappropriate relationship with a subordinate( per company policy on relationships between employees and direct supervisors) and I face loosing my job over this probably. Nobody knew, to my knowledge about our relationship, until other employees rumored to HR during a visit that there may be something going on. I was investigated by HR, initially denying anything out of fear of loosing my job(of course wrong because it proves I was willing to lie), however on the second visit I told HR everything. I told them that at the point we became sexually involved, there was an agreement to end that type of contact and we would attempt to put this behind us. I went to my supervisor and discussed it briefly but again for fear of my job spun the story as 'rumors being spread' that I did not want to be involved in. I also communicated to my employees in an email a reminder, what the company policy on harassment was(which now probably looks like a cover up for the inappropriate relationship). We had discussed that there were 3 other women that were involved in the investigation because of rumors regarding me also being involved inappropriately with them. I was not, physically or verbally on or off site. Only with the one which I admitted to. That being said. I discovered there was another employee(non supervisory to the same person I was involved with) that made "unwanted sexual advances" towards her. He was investigated about a year ago in the same way, I dont know how many times it took them asking him to admit it, but he did yet he is still employed. The girl I was involved with told me that HR told her there was not enough evidence to terminate him even though he admitted to all accounts of 'cornering' her. So never during this investigation was I ever given any written corrective action notice(an opportunity to be placed on any kind of administrative action for improvement) just told "dont say anything, dont say anything, you're being investigated..." I am 6 or more years younger than all of the women involved who were actually perusing me via text, or verbal advances as well as the other employee who made "unwanted sexual advances" towards the same female I was 'actually' inappropriately involved with. I am also the youngest supervisor in terms of seniority with the company and age significantly. I am Caucasian, the other employee in question is African American although I don't think it matters. Can I prove that I was discriminated against for my age and/or race if I am terminated and do I have a fighting chance with an attorney on the basis that I never received any formal written corrective action? I have a perfect track record with the same company I've worked for since I graduated HS for 7 years and this is the first time I have been in trouble, so I'm really not sure what to do.

Thanks in advance for your thoughts/experience.

 

[cbg]

You were in a supervisory capacity over the person you were involved with.

The other employee was not.

Good luck making a case for any kind of illegal discrimination.

FYI, age discrimination begins at 40. If you are under 40, it's not age discrimination by definition.

 

[eerelations]

It is perfectly legal to fire you and not him, as long as the reason behind the decision to do this is not based on protected characteristics like your race, gender, race, religion and/or disability. Being a supservisor is not a protected characteristic.

 

[sandyclaus]

Sounds to me like the reason you were fired and the other employee involved with your subordinate was not is simply because you were in a position of authority over her. As a supervisor, you had a higher duty to follow the company policy (setting an example for your subordinates). It also could have gone very, very wrong, and subjected the company to a sexual harassment claim if the relationship soured.

 

[Skyymiles]

FYI, age discrimination begins at 40. If you are under 40, it's not age discrimination by definition.

Haha I learned something new... I did not know that.

 

[Skyymiles]

Sounds to me like the reason you were fired and the other employee involved with your subordinate was not is simply because you were in a position of authority over her. As a supervisor, you had a higher duty to follow the company policy (setting an example for your subordinates). It also could have gone very, very wrong, and subjected the company to a sexual harassment claim if the relationship soured.

Oh I have no idea if they will terminate the person I was involved with or not. My question was, was it fair considering he is still employed and I probably wont be given the circumstances.

 

[Antigone*]

What is the name of your state (only U.S. law)?Missouri

Ok so here's the deal. I'm a supervisor. I had a inappropriate relationship with a subordinate( per company policy on relationships between employees and direct supervisors) and I face loosing my job over this probably. Nobody knew, to my knowledge about our relationship, until other employees rumored to HR during a visit that there may be something going on. I was investigated by HR, initially denying anything out of fear of loosing my job(of course wrong because it proves I was willing to lie), however on the second visit I told HR everything. I told them that at the point we became sexually involved, there was an agreement to end that type of contact and we would attempt to put this behind us. I went to my supervisor and discussed it briefly but again for fear of my job spun the story as 'rumors being spread' that I did not want to be involved in. I also communicated to my employees in an email a reminder, what the company policy on harassment was(which now probably looks like a cover up for the inappropriate relationship). We had discussed that there were 3 other women that were involved in the investigation because of rumors regarding me also being involved inappropriately with them. I was not, physically or verbally on or off site. Only with the one which I admitted to. That being said. I discovered there was another employee(non supervisory to the same person I was involved with) that made "unwanted sexual advances" towards her. He was investigated about a year ago in the same way, I dont know how many times it took them asking him to admit it, but he did yet he is still employed. The girl I was involved with told me that HR told her there was not enough evidence to terminate him even though he admitted to all accounts of 'cornering' her. So never during this investigation was I ever given any written corrective action notice(an opportunity to be placed on any kind of administrative action for improvement) just told "dont say anything, dont say anything, you're being investigated..." I am 6 or more years younger than all of the women involved who were actually perusing me via text, or verbal advances as well as the other employee who made "unwanted sexual advances" towards the same female I was 'actually' inappropriately involved with. I am also the youngest supervisor in terms of seniority with the company and age significantly. I am Caucasian, the other employee in question is African American although I don't think it matters. Can I prove that I was discriminated against for my age and/or race if I am terminated and do I have a fighting chance with an attorney on the basis that I never received any formal written corrective action? I have a perfect track record with the same company I've worked for since I graduated HS for 7 years and this is the first time I have been in trouble, so I'm really not sure what to do.

Thanks in advance for your thoughts/experience.

We don't care about fair. We care about legal.

 

[Skyymiles]

We don't care about fair. We care about legal.

Ok allow me to rephrase. Is it worth me fighting this or just quitting to save my work history reputation and Quit assuming I'm given the option v. them terminating me? (are my chances of obtaining unemployment, etc completely unrealistic given the facts?)

 

[Antigone*]

Ok allow me to rephrase. Is it worth me fighting this or just quitting to save my work history reputation and Quit assuming I'm given the option v. them terminating me? (are my chances of obtaining unemployment, etc completely unrealistic given the facts?)

There is no saving your reputation. You did what you did. I wouldn't quit, I would let them fire me if I were you.

 

[Skyymiles]

There is no saving your reputation. You did what you did. I wouldn't quit, I would let them fire me if I were you.

Can I ask why you have this opinion? I guess I'm just playing with my potential avenues in my head so I'm trying to make an informed decision about something I've never had to go through. Is there any benefit to taking one route over the other. ie. if I quit(probably sign something that says i agree not to sue, blah blah blah...) maybe get unused vacation time paid out etc. vs. if I get fired then maybe I dont get anything like that? Thanks again.

 

[Antigone*]

Can I ask why you have this opinion? I guess I'm just playing with my potential avenues in my head so I'm trying to make an informed decision about something I've never had to go through. Is there any benefit to taking one route over the other. ie. if I quit(probably sign something that says i agree not to sue, blah blah blah...) maybe get unused vacation time paid out etc. vs. if I get fired then maybe I dont get anything like that? Thanks again.

You have a slightly better chance at getting unemployment benefits if you do not voluntarily leave your job.

The operative word here is SLIGHTLY.

 

[Skyymiles]

You have a slightly better chance at getting unemployment benefits if you do not voluntarily leave your job.

The operative word here is SLIGHTLY.

Fair enough.

 

[swalsh411]

I think your chances of unemployment are good if you do not quit and allowed yourself to be fired. If this relationship and any sexual activity were on your own time and did not greatly impact anybody's work performance then I don't think it can be considered misconduct. Just becasue it was against company rules doesn't automatically mean it's misconduct.

In your State an employer is required to follow their policy when it comes to vacation payout otherwise you likely have a valid cause to sue them. In other words, if the policy or practice is to pay out vacation regardless of reason for termination, they cannot just arbitrarily decide not to pay yours.

 

[cbg]

And I think the OP's chance of UI are even at best. Playing around with a subordinate is one of those big no-no's that is supposed to be so obvious that anyone would know they're not supposed to do it. Might happen but I wouldn't bet the rent on it. And if granted, I would expect the employer to appeal.

Missouri law does not require the payout of unused vacation unless company policy says it will be. If there is no policy either way OR if the policy says it won't be paid out when you are fired, they don't have to pay it. Not a really good bargaining tool, considering that your termination was not only legal but, quite frankly, expected.

 

[Skyymiles]

I think your chances of unemployment are good if you do not quit and allowed yourself to be fired. If this relationship and any sexual activity were on your own time and did not greatly impact anybody's work performance then I don't think it can be considered misconduct. Just becasue it was against company rules doesn't automatically mean it's misconduct.

In your State an employer is required to follow their policy when it comes to vacation payout otherwise you likely have a valid cause to sue them. In other words, if the policy or practice is to pay out vacation regardless of reason for termination, they cannot just arbitrarily decide not to pay yours.

So in this case, I've never thought about it from the angle that the definition of misconduct by company interpretation may not have been met on a argument of 'topicality'. The relationship was comprised completely off site, which was a matter of unscheduled visits to see each other on a few occasions, only one of which actually involved any intercourse, and attending a few sporting events together. No correlation between my relationship with her or any favoritism shown in the work place, it was separate. There was no negative impact to employee performance that I am aware of because ...nobody else was obviously aware. Nothing about anything between me and this person came out until HR began to investigate me on that basis that 3 other women were basically in some kind of competition for attention from me and rumored to HR the initial possibility. Had I never been grilled for the info, it would have never been known and I wouldnt be in this situation. I get its my own fault and I should have known better, but there is a human dynamic here that I hope they will consider. The "operative" word her being hope. They are a corporation and I realize their need to protect themselves in the best interest of the company; however, this is also not a sexual harassment case which would be x10 worse for me.