Comments on: Employee wins $500K for defamation http://www.hrlegalnews.com/employee-wins-500k-for-defamation/ Up-to-the-minute cases and law impacting HR Fri, 17 Jul 2009 14:01:31 +0000 hourly 1 http://wordpress.org/?v=abc By: Robin C http://www.hrlegalnews.com/employee-wins-500k-for-defamation/comment-page-1/#comment-5539 Robin C Fri, 27 Feb 2009 00:43:21 +0000 http://www.hrlegalnews.com/?p=305#comment-5539 From the scant information provided in the article I don't think we have all the facts. It sounds as if the company jumped the gun and made a guilty determination based solely upon the allegation the male employee made against her. This would lead me to think he had more "standing" within the company whether it was seniority or prestige by position. Who knows? Bottom line is...they didn't investigate the situation to it's fullest before terminating the employee. And that's where the real liability happened. If they had, they may have been able to see what the truth was before taking such drastic action. As for getting them together in a room, under harassment laws, she has her rights and putting her in the room with the person she was going to report violates them. Her not having the opportunity as yet to report him for sexual harassment doesn't negate them. When a volatile situation is happening it's best to NOT put them in a room together, but to interview separately and fully. Then make determinations based upon the investigation by SEVERAL parties. Safest route for the company. Which is what it's about to begin with. From the scant information provided in the article I don’t think we have all the facts. It sounds as if the company jumped the gun and made a guilty determination based solely upon the allegation the male employee made against her. This would lead me to think he had more “standing” within the company whether it was seniority or prestige by position. Who knows? Bottom line is…they didn’t investigate the situation to it’s fullest before terminating the employee. And that’s where the real liability happened. If they had, they may have been able to see what the truth was before taking such drastic action.

As for getting them together in a room, under harassment laws, she has her rights and putting her in the room with the person she was going to report violates them. Her not having the opportunity as yet to report him for sexual harassment doesn’t negate them. When a volatile situation is happening it’s best to NOT put them in a room together, but to interview separately and fully.

Then make determinations based upon the investigation by SEVERAL parties. Safest route for the company. Which is what it’s about to begin with.

]]> By: Jane http://www.hrlegalnews.com/employee-wins-500k-for-defamation/comment-page-1/#comment-4263 Jane Mon, 02 Feb 2009 19:13:23 +0000 http://www.hrlegalnews.com/?p=305#comment-4263 Getting the two people together in one (safe) room and hammering it out with pointed questions might trip somebody up and other circumstances could come to light. Getting the two people together in one (safe) room and hammering it out with pointed questions might trip somebody up and other circumstances could come to light.

]]> By: csm http://www.hrlegalnews.com/employee-wins-500k-for-defamation/comment-page-1/#comment-3561 csm Wed, 21 Jan 2009 15:25:30 +0000 http://www.hrlegalnews.com/?p=305#comment-3561 So what is an employer to do in this situation - where the statement is made that the comment happened, but the person who supposedly said it denies it? What is the company's obligation - and what if it was true and she actually did bring a gun to work and follow through - then certainly the company has liability - this type of situation is impossible. What is your policy when it comes down to "he said, she said?" So what is an employer to do in this situation – where the statement is made that the comment happened, but the person who supposedly said it denies it? What is the company’s obligation – and what if it was true and she actually did bring a gun to work and follow through – then certainly the company has liability – this type of situation is impossible. What is your policy when it comes down to “he said, she said?”

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