Liability?

[faithnlve]

What is the name of your state? VT Two questions in regards to harassment liability of company.

1. When a company has been confronted with an employee being harassed, and the findings are true, AND the employee has been out sick due to the harassment quite a bit in the past and present, yet the company never put the harassment and absenteism together, how is it the company's responsibility to correct the absenteeism of this employee? Isn't absenteeism a ground for their discharge alone even though they were sexually harassed?

2. Is it all employees who are suppose to have sexual harassment training, or is it sufficient for just supervisors and managers in a company to have this training? What does the law require? Thanks Faith

 

[seniorjudge]

What is the name of your state? VT Two questions in regards to harassment liability of company.

1. When a company has been confronted with an employee being harassed, and the findings are true, AND the employee has been out sick due to the harassment quite a bit in the past and present, yet the company never put the harassment and absenteism together, how is it the company's responsibility to correct the absenteeism of this employee? Isn't absenteeism a ground for their discharge alone even though they were sexually harassed?

2. Is it all employees who are suppose to have sexual harassment training, or is it sufficient for just supervisors and managers in a company to have this training? What does the law require? Thanks Faith

Does this have anything to do with the other forty (40) threads you have started on this subject?

 

[faithnlve]

My suit is being settled. It really is just a couple of questions in general I had, since I don't want to have to pay my attorney to ask it. What happened to me at work is not uncommon, and yes I have been asking alot of questions, but that is what this site is for right? Asking informative people like yourself who are here to help. I have met others who are in simular situations like mine, but too afraid of losing their jobs by complaining. This one question is really not for me. Thanks Faith

 

[cbg]

1.) Although technically an employee who has filed a sexual harassment complaint is not immune to terminations for other reasons, in actual fact few employers will fire an employee who has made such a complaint since it is so very easy for the employee to then turn around and accuse the employer of firing them because they filed the complaint. There have even been cases where an employee who was on the verge of being fired would then turn around and file a complaint to make it more or less impossible for the employer to fire them. But yes, the employee's absenteeism should be addressed and, if the employer has documented proof BOTH of the facts of the absenteeism AND that another employee who had not filed a sexual harassment suit but has the same absentee record would also be fired, the employee both can and should be fired.

2.) Except in the state of CA, the law does not dictate that all employees receive SH training. In fact, in most states, the law does not even REQUIRE that supervisors and managers receive SH training. My state is one of the most stringent outside of CA and while it is strongly recommended that SH training take place, it is not required by law.

 

[mitousmom]

Alleging sexual harassment or any violation of the EEO statutes is not a shield from future adverse action by an employer. The retaliation provisions of the statutes simply prohibit an employer from terminating your employment because you alleged discrimination or filed an EEO complaint. If your company routinely fires employees for six unexcused absences, and you were absent unexcused six times, the company can fire you. Besides, how was your employer supposed to know that your absenteeism was caused by the sexual harassment?

I don't quite understand your question. However,if your employer is being required to "correct the absenteeism of the employee," you should pose your question to whomever is requiring them to correct the absenteeism."

I think you are being rather disingenuous. All your questions seems to be about your situation. If you have an attorney, you need to ask him/her questions about your case. S/he's in a much better position to know the details of your case and most legal answers depend upon the individual circumstances of the case.

 

[faithnlve]

thank you for the response. And, like I mentioned, I have run into others in simuliar situations. But this one situation was absenteeism was due to the stresses of the harassment, and not other related illnesses. My situation was simular, except my manager gave me the time off to recoup. This situation has to do with getting fired due to being ill from being harassed. Thanks faith

 

[weenor]

thank you for the response. And, like I mentioned, I have run into others in simuliar situations. But this one situation was absenteeism was due to the stresses of the harassment, and not other related illnesses. My situation was simular, except my manager gave me the time off to recoup. This situation has to do with getting fired due to being ill from being harassed. Thanks faith

Faith, your questions, while polite and well meaning, are conclusory in nature. You are assuming or being told that the absences are related to the harassment without being provided with medical documentation to support that supposition. The difficulty in answering your questions is that there is truly a gap between fact and possible fiction.

 

[faithnlve]

It is a question. Let's say its factual. There are doctor notes to back up the stress from the harassment.

 

[weenor]

It is a question. Let's say its factual. There are doctor notes to back up the stress from the harassment.

Is that the diagnosis? Were those medical records given to the company?

 

[faithnlve]

diagnosis were migraines, stomach problems. Yes, doctor notes were given along with company disability forms. BUT, did not realize these were symptoms from the harassment until therapy began on coping with the harassment problems. company knew about harassment, and absences coinciding, but brilliantly did not put 2 and 2 together. So back to my first two questions. Thanks Faith

 

[mitousmom]

diagnosis were migraines, stomach problems. Yes, doctor notes were given along with company disability forms. BUT, did not realize these were symptoms from the harassment until therapy began on coping with the harassment problems. company knew about harassment, and absences coinciding, but brilliantly did not put 2 and 2 together. So back to my first two questions. Thanks Faith

It's not the company's responsibility to put 2 and 2 together. If you are claiming compensatory damages under the federal EEO statutes, it is your, the victim's, responsibility to put forth a claim for compensatory damages and sufficient proof to show that your medical problems resulted from the illegal discrimination. That will take more than doctor's notes and disability forms.

 

[cbg]

Just to save everybody time, before you get too caught up in trying to answer Faith's questions on this thread, you might want to do a search on her screen name. You'll learn more about her situation than you really want to know. Could save on repeating information that's already out there.

 

[mlane58]

Just to save everybody time, before you get too caught up in trying to answer Faith's questions on this thread, you might want to do a search on her screen name. You'll learn more about her situation than you really want to know. Could save on repeating information that's already out there.

AMEN to that!!

 

[faithnlve]

Just to save everyone time also....whether or not I have asked questions in the past in regards to my issues, what difference does it really make? I have asked many questions in this forum with respectful responses, some responses not so respectful. Are there rules I am not aware of on how many questions an individual is allowed to ask? If there is a rule let me know. Also, out of curiosity, are the ones who question the legitimacy of the questions the hosts of the forum, or just control freaks? Just asking a question, lets see how many bombard me on that one. Thanks, faith

 

[cbg]

Faith, you misunderstood my reasoning. You will note that I did answer your questions.

I suggested that other posters read your other threads so that they did not have to ask for information you have already provided. That's all.