Manager’s overzealous monitoring of terminated employees lands company in court
February 9, 2009 by Sam NarisiPosted in: Discrimination, Employee Stealing, In this week's e-newsletter, Latest News & Views
Companies always need to be careful about preventing theft when employees quit or get fired. But here’s a case where a manager went too far — and got the company wrapped up in a discrimination suit.
A group of employees were laid off, including five African-American women.
On their last day, the women’s boss watched them as they gathered their effects and searched their belongings as they went out the door.
His goal: To make sure no confidential company information was being taken.
But the women felt he went overboard. Some co-workers even asked the supervisor if the employees were being arrested.
Also, they claimed a white, male employee was let go the same day and wasn’t subjected to the same scrutiny. They sued the company for race and gender discrimination.
The company tried to have the case thrown out, arguing the monitoring was simply to prevent theft.
But the judge didn’t buy it — as far as the evidence showed, there was no non-biased reason for the manager to treat the women differently than their male co-worker.
Cite: Trustees of Health and Hospitals of the City of Boston, Inc. v. Massachusetts Commission Against Discrimination
Tags: layoff, monitoring, theft
February 12th, 2009 at 11:29 am
From the time an employee is terminated to the time they leave the building someone is at their side. I had one gal stop by the bathroom and then eat her lunch before leaving. Our HR manager stood outside the bathroom and even ate lunch at the same time to be sure she didn’t have access to taking anything. We worry more about someone downloading something rather than walking out with a ream of paper.
February 18th, 2009 at 12:05 pm
Our company has the IT dept change all access passwords and shut down their computers just prior to termination so that nothing can be downloaded or removed. Then the HR representative and department manager will wait while they remove their belongings and leave the property. It is handled the same for every person regardless of the position held from a VP to the mail clerk.