pshrm presentation: seven steps to …...palmetto shrm harassment 15 2. hostile environment - where...
TRANSCRIPT
![Page 1: PSHRM PRESENTATION: SEVEN STEPS TO …...PALMETTO SHRM HARASSMENT 15 2. Hostile Environment - Where employer or supervisors engaged in, or were aware of such offensive remarks, behavior](https://reader033.vdocuments.net/reader033/viewer/2022052803/5f281f5574bbb4704d5b99be/html5/thumbnails/1.jpg)
MOLLY CHERRY [email protected]
PSHRM PRESENTATION:
SEVEN STEPS TO LEGALLY
TERMINATING EMPLOYEES IN SC15 JANUARY 19
![Page 2: PSHRM PRESENTATION: SEVEN STEPS TO …...PALMETTO SHRM HARASSMENT 15 2. Hostile Environment - Where employer or supervisors engaged in, or were aware of such offensive remarks, behavior](https://reader033.vdocuments.net/reader033/viewer/2022052803/5f281f5574bbb4704d5b99be/html5/thumbnails/2.jpg)
PALMETTO SHRM www.nexsenpruet.com
KEY CONSIDERATIONS/BEST PRACTICES
2
Know the Law
Employment Contracts
Constructive Discharge Issues
Develop and Consistently Apply Policies
Documentation
Termination Protocols
Additional Considerations
![Page 3: PSHRM PRESENTATION: SEVEN STEPS TO …...PALMETTO SHRM HARASSMENT 15 2. Hostile Environment - Where employer or supervisors engaged in, or were aware of such offensive remarks, behavior](https://reader033.vdocuments.net/reader033/viewer/2022052803/5f281f5574bbb4704d5b99be/html5/thumbnails/3.jpg)
STEP ONE:
UNDERSTAND
APPLICABLE LAWS
3
![Page 4: PSHRM PRESENTATION: SEVEN STEPS TO …...PALMETTO SHRM HARASSMENT 15 2. Hostile Environment - Where employer or supervisors engaged in, or were aware of such offensive remarks, behavior](https://reader033.vdocuments.net/reader033/viewer/2022052803/5f281f5574bbb4704d5b99be/html5/thumbnails/4.jpg)
PALMETTO SHRM www.nexsenpruet.com
TERMINATION OF AN AT-WILL EMPLOYEE
4
The Law:
Employees at-will may quit or be fired at any time, with or without
notice, and with or without cause. Either party may terminate at any
time for any reason, or no reason at all.
![Page 5: PSHRM PRESENTATION: SEVEN STEPS TO …...PALMETTO SHRM HARASSMENT 15 2. Hostile Environment - Where employer or supervisors engaged in, or were aware of such offensive remarks, behavior](https://reader033.vdocuments.net/reader033/viewer/2022052803/5f281f5574bbb4704d5b99be/html5/thumbnails/5.jpg)
PALMETTO SHRM www.nexsenpruet.com 5
But not so fast…
![Page 6: PSHRM PRESENTATION: SEVEN STEPS TO …...PALMETTO SHRM HARASSMENT 15 2. Hostile Environment - Where employer or supervisors engaged in, or were aware of such offensive remarks, behavior](https://reader033.vdocuments.net/reader033/viewer/2022052803/5f281f5574bbb4704d5b99be/html5/thumbnails/6.jpg)
PALMETTO SHRM www.nexsenpruet.com
TERMINATION OF AN AT-WILL EMPLOYEE
6
The Exceptions:
1. The Public Policy Exception
‣ Where retaliatory discharge of an at-will employee is a violation of a clear mandate of public policy, a cause of action for wrongful discharge exists.
‣ Arises when employer, as a condition of retaining employment, causes an employee to violate the law.
‣ Criminal law, statutes
‣ Ludwick, Garner, Keiger, Stiles
![Page 7: PSHRM PRESENTATION: SEVEN STEPS TO …...PALMETTO SHRM HARASSMENT 15 2. Hostile Environment - Where employer or supervisors engaged in, or were aware of such offensive remarks, behavior](https://reader033.vdocuments.net/reader033/viewer/2022052803/5f281f5574bbb4704d5b99be/html5/thumbnails/7.jpg)
PALMETTO SHRM www.nexsenpruet.com
TERMINATION OF AN AT-WILL EMPLOYEE
7
2. Statutory Exceptions
‣Non-discrimination:
‣ Title VII; ADA; GINA; USERRA; FMLA; ADEA OSHA; NLRA
‣ Jury Duty
‣Filing worker’s comp claim
![Page 8: PSHRM PRESENTATION: SEVEN STEPS TO …...PALMETTO SHRM HARASSMENT 15 2. Hostile Environment - Where employer or supervisors engaged in, or were aware of such offensive remarks, behavior](https://reader033.vdocuments.net/reader033/viewer/2022052803/5f281f5574bbb4704d5b99be/html5/thumbnails/8.jpg)
PALMETTO SHRM www.nexsenpruet.com
TERMINATION OF AN AT-WILL EMPLOYEE
8
3. Handbook
‣A disclaimer is not necessarily a protection from liability
‣S.C.Code Ann. § 41-1-110
‣First page, bold, all caps, underlined, signed by employee
‣Revise any mandatory language relating to progressive discipline
![Page 9: PSHRM PRESENTATION: SEVEN STEPS TO …...PALMETTO SHRM HARASSMENT 15 2. Hostile Environment - Where employer or supervisors engaged in, or were aware of such offensive remarks, behavior](https://reader033.vdocuments.net/reader033/viewer/2022052803/5f281f5574bbb4704d5b99be/html5/thumbnails/9.jpg)
PALMETTO SHRM www.nexsenpruet.com
TERMINATION OF AN AT-WILL EMPLOYEETHE EXCEPTIONS
9
4. Grievance Rights
‣Public Sector Employees
‣State Employee Grievance Procedure- “just cause”
‣ No termination of employee who files a complaint with the Federal Labor Board
‣ No termination of an employee based on union activity
‣ No termination for whistleblowing. S.C. Whistleblower Statute, S.C. Code Ann. §§ 8-27-10, et seq.
![Page 10: PSHRM PRESENTATION: SEVEN STEPS TO …...PALMETTO SHRM HARASSMENT 15 2. Hostile Environment - Where employer or supervisors engaged in, or were aware of such offensive remarks, behavior](https://reader033.vdocuments.net/reader033/viewer/2022052803/5f281f5574bbb4704d5b99be/html5/thumbnails/10.jpg)
PALMETTO SHRM www.nexsenpruet.com
“WARN” ACTWORKER ADJUSTMENT AND RETRAINING NOTIFICATION ACT
10
The Law: Employer shall not order plant closing or mass layoff until after 60 days
written notice of such order.
Trigger:
‣ Plant Closing – permanent or temporary shut down of single site of employment of one or more facilities which results in 50 or more employees suffering employing loss in 30 days.
‣ Mass Layoff – Must provide notice if the layoff affects 1/3 of employees and at least 50 employees. If 500+ are affected, the 1/3 requirement does not apply.
![Page 11: PSHRM PRESENTATION: SEVEN STEPS TO …...PALMETTO SHRM HARASSMENT 15 2. Hostile Environment - Where employer or supervisors engaged in, or were aware of such offensive remarks, behavior](https://reader033.vdocuments.net/reader033/viewer/2022052803/5f281f5574bbb4704d5b99be/html5/thumbnails/11.jpg)
STEP TWO:
EMPLOYMENT
CONTRACTS
![Page 12: PSHRM PRESENTATION: SEVEN STEPS TO …...PALMETTO SHRM HARASSMENT 15 2. Hostile Environment - Where employer or supervisors engaged in, or were aware of such offensive remarks, behavior](https://reader033.vdocuments.net/reader033/viewer/2022052803/5f281f5574bbb4704d5b99be/html5/thumbnails/12.jpg)
PALMETTO SHRM www.nexsenpruet.com
EMPLOYMENT CONTRACTS
12
Does the employee have a written agreement?
1. Employment contract for a defined time period – stated or implied
‣ Offer letter
‣ Other writing
2. Communication of special provisions regarding “grounds for termination”
‣ “just cause”
‣ Guaranteed “progressive discipline”
‣ Prescribed discipline based on nature of offense
![Page 13: PSHRM PRESENTATION: SEVEN STEPS TO …...PALMETTO SHRM HARASSMENT 15 2. Hostile Environment - Where employer or supervisors engaged in, or were aware of such offensive remarks, behavior](https://reader033.vdocuments.net/reader033/viewer/2022052803/5f281f5574bbb4704d5b99be/html5/thumbnails/13.jpg)
STEP THREE:
CONSTRUCTIVE
DISCHARGE
![Page 14: PSHRM PRESENTATION: SEVEN STEPS TO …...PALMETTO SHRM HARASSMENT 15 2. Hostile Environment - Where employer or supervisors engaged in, or were aware of such offensive remarks, behavior](https://reader033.vdocuments.net/reader033/viewer/2022052803/5f281f5574bbb4704d5b99be/html5/thumbnails/14.jpg)
PALMETTO SHRM www.nexsenpruet.com
HARASSMENTTWO TYPES FOR SEXUAL HARASSMENT
14
1. Quid pro quo – Submission to sexual advances is required to get a job, keep a job, or be promoted.
Requirements:
‣ Plaintiff must be in a protected class;
‣ Subjected to unwelcome sexual harassment, sexual overtures, requests for sex (or dates), sexual remarks, comments, activity which was unwelcome AND offensive to plaintiff;
‣ Subjected to it because of their gender (can be men or women, subjected to heterosexual or homosexual overtures);
‣ Plaintiff’s reaction to conduct had a real and tangible effect on their employment status, pay, or position.
![Page 15: PSHRM PRESENTATION: SEVEN STEPS TO …...PALMETTO SHRM HARASSMENT 15 2. Hostile Environment - Where employer or supervisors engaged in, or were aware of such offensive remarks, behavior](https://reader033.vdocuments.net/reader033/viewer/2022052803/5f281f5574bbb4704d5b99be/html5/thumbnails/15.jpg)
PALMETTO SHRM www.nexsenpruet.com
HARASSMENT
15
2. Hostile Environment - Where employer or supervisors engaged in, or were aware of such offensive remarks, behavior or conduct, or otherwise created environment that either:
‣ Affected employee’s work performance, or
‣ Created an intimidating, hostile, or offensive work environment giving rise to an intolerable workplace. Conduct must be severe and pervasive.
‣ Reasonable person standard
APPLIES TO SEXUAL HARASSMENT AND OTHER HARASSMENT
![Page 16: PSHRM PRESENTATION: SEVEN STEPS TO …...PALMETTO SHRM HARASSMENT 15 2. Hostile Environment - Where employer or supervisors engaged in, or were aware of such offensive remarks, behavior](https://reader033.vdocuments.net/reader033/viewer/2022052803/5f281f5574bbb4704d5b99be/html5/thumbnails/16.jpg)
HOW TO DEAL WITH
ALLEGATIONS OF
HARASSMENT AND
DISCRIMINATION
![Page 17: PSHRM PRESENTATION: SEVEN STEPS TO …...PALMETTO SHRM HARASSMENT 15 2. Hostile Environment - Where employer or supervisors engaged in, or were aware of such offensive remarks, behavior](https://reader033.vdocuments.net/reader033/viewer/2022052803/5f281f5574bbb4704d5b99be/html5/thumbnails/17.jpg)
PALMETTO SHRM www.nexsenpruet.com
HARASSMENTHOW TO DEAL WITH ALLEGATIONS OF HARASSMENT
17
‣Prevent Harassment Claims
‣Establish a written Anti-Harassment and Anti-Discrimination Policy
‣Distribute, Explain, Train
‣Establish effective company complaint procedures
‣Designate persons to receive complaints
‣give options
![Page 18: PSHRM PRESENTATION: SEVEN STEPS TO …...PALMETTO SHRM HARASSMENT 15 2. Hostile Environment - Where employer or supervisors engaged in, or were aware of such offensive remarks, behavior](https://reader033.vdocuments.net/reader033/viewer/2022052803/5f281f5574bbb4704d5b99be/html5/thumbnails/18.jpg)
PALMETTO SHRM www.nexsenpruet.com
HARASSMENTHOW TO DEAL WITH ALLEGATIONS OF HARASSMENT
18
‣Investigate Harassment Claims
‣ Impartial Investigator
‣ Professional Tone
‣ Gather facts, do not make judgments
‣ Immediate Attention – 3 days
‣ Conduct Separate Interviews
‣ Avoid Creating New Claims
![Page 19: PSHRM PRESENTATION: SEVEN STEPS TO …...PALMETTO SHRM HARASSMENT 15 2. Hostile Environment - Where employer or supervisors engaged in, or were aware of such offensive remarks, behavior](https://reader033.vdocuments.net/reader033/viewer/2022052803/5f281f5574bbb4704d5b99be/html5/thumbnails/19.jpg)
PALMETTO SHRM www.nexsenpruet.com
HARASSMENT
19
‣Document
‣ Document/record investigation
‣ Adhere to handbooks/written procedures
![Page 20: PSHRM PRESENTATION: SEVEN STEPS TO …...PALMETTO SHRM HARASSMENT 15 2. Hostile Environment - Where employer or supervisors engaged in, or were aware of such offensive remarks, behavior](https://reader033.vdocuments.net/reader033/viewer/2022052803/5f281f5574bbb4704d5b99be/html5/thumbnails/20.jpg)
STEP FOUR:
DEVELOP AND
CONSISTENTLY APPLY
POLICIES
![Page 21: PSHRM PRESENTATION: SEVEN STEPS TO …...PALMETTO SHRM HARASSMENT 15 2. Hostile Environment - Where employer or supervisors engaged in, or were aware of such offensive remarks, behavior](https://reader033.vdocuments.net/reader033/viewer/2022052803/5f281f5574bbb4704d5b99be/html5/thumbnails/21.jpg)
PALMETTO SHRM www.nexsenpruet.com
WRITTEN POLICIES
21
In addition to anti-harassment and discrimination policies or EEO policies:
‣ IT Resources and Communications
‣Social Media
‣Standards of Conduct
‣Anti-violence/weapons
![Page 22: PSHRM PRESENTATION: SEVEN STEPS TO …...PALMETTO SHRM HARASSMENT 15 2. Hostile Environment - Where employer or supervisors engaged in, or were aware of such offensive remarks, behavior](https://reader033.vdocuments.net/reader033/viewer/2022052803/5f281f5574bbb4704d5b99be/html5/thumbnails/22.jpg)
PALMETTO SHRM www.nexsenpruet.com
WRITTEN POLICIES
22
‣ Proper documentation and implementation of policies and procedures are central to success in avoiding or defending against wrongful discharge claims.
‣ Use clear and concise policy prohibiting behavior at issue.
‣ Obtain employee acknowledgment of policy.
‣ Apply policy. Consistently.
‣ Failure to apply policy previously is problematic.
‣ Failure to apply policy consistently or applying in an unduly harsh manner lead to argument of discriminatory treatment or pretext.
![Page 23: PSHRM PRESENTATION: SEVEN STEPS TO …...PALMETTO SHRM HARASSMENT 15 2. Hostile Environment - Where employer or supervisors engaged in, or were aware of such offensive remarks, behavior](https://reader033.vdocuments.net/reader033/viewer/2022052803/5f281f5574bbb4704d5b99be/html5/thumbnails/23.jpg)
STEP FIVE:
DOCUMENTATION
![Page 24: PSHRM PRESENTATION: SEVEN STEPS TO …...PALMETTO SHRM HARASSMENT 15 2. Hostile Environment - Where employer or supervisors engaged in, or were aware of such offensive remarks, behavior](https://reader033.vdocuments.net/reader033/viewer/2022052803/5f281f5574bbb4704d5b99be/html5/thumbnails/24.jpg)
PALMETTO SHRM www.nexsenpruet.com
DOCUMENTATIONGUIDELINES
‣Be timely. As soon as issue arises, address it.
‣Be accurate. Make sure all dates and facts are correct.
‣Be fair. Do not exaggerate.
‣Be kind; only include what is necessary to justify the decision.
‣Stick to facts. No legal conclusions.
‣Remember these can be discoverable in litigation.
![Page 25: PSHRM PRESENTATION: SEVEN STEPS TO …...PALMETTO SHRM HARASSMENT 15 2. Hostile Environment - Where employer or supervisors engaged in, or were aware of such offensive remarks, behavior](https://reader033.vdocuments.net/reader033/viewer/2022052803/5f281f5574bbb4704d5b99be/html5/thumbnails/25.jpg)
PALMETTO SHRM www.nexsenpruet.com
COACHING AND DISCIPLINARY ACTION
25
‣Disciplinary action may occur when an employee fails to meet the employer’s expectations
‣Coaching or discipline might include:
‣ verbal/written warning, loss of opportunity, probation, unpaid suspension and/or termination
‣Consult handbook. What does it say?
![Page 26: PSHRM PRESENTATION: SEVEN STEPS TO …...PALMETTO SHRM HARASSMENT 15 2. Hostile Environment - Where employer or supervisors engaged in, or were aware of such offensive remarks, behavior](https://reader033.vdocuments.net/reader033/viewer/2022052803/5f281f5574bbb4704d5b99be/html5/thumbnails/26.jpg)
PALMETTO SHRM www.nexsenpruet.com
COACHING AND DISCIPLINARY ACTION
26
‣Written action plans
‣ State problem areas and establish measurable goals
‣ Clearly set forth expectations and possible outcomes
‣Monitor performance
‣Have the employee sign the plan
‣Don’t guarantee employment during action plan period
![Page 27: PSHRM PRESENTATION: SEVEN STEPS TO …...PALMETTO SHRM HARASSMENT 15 2. Hostile Environment - Where employer or supervisors engaged in, or were aware of such offensive remarks, behavior](https://reader033.vdocuments.net/reader033/viewer/2022052803/5f281f5574bbb4704d5b99be/html5/thumbnails/27.jpg)
PALMETTO SHRM www.nexsenpruet.com
DOCUMENTATIONGUIDELINES
‣Note if the employee refuses to sign
‣Put any documentation relating to the coaching or disciplinary
action in the employee’s file.
‣Danger of separate supervisor files!!!
‣DON’T BACKDATE OR CREATE AFTER-THE-FACT
DOCUMENTATION.
![Page 28: PSHRM PRESENTATION: SEVEN STEPS TO …...PALMETTO SHRM HARASSMENT 15 2. Hostile Environment - Where employer or supervisors engaged in, or were aware of such offensive remarks, behavior](https://reader033.vdocuments.net/reader033/viewer/2022052803/5f281f5574bbb4704d5b99be/html5/thumbnails/28.jpg)
PALMETTO SHRM www.nexsenpruet.com
DOCUMENTATION
‣DOCUMENTATION DYNAMITE
‣ If termination documentation is prepared significantly after the fact, you may
be handing the terminated employee a factual basis for “pretext.”
‣ Timing is key. Looking for documentation to occur at time decision is made.
‣ Giving varying reasons for termination also may create a question of fact as
to pretext.
‣ Consistency, accuracy and truthfulness are key.
![Page 29: PSHRM PRESENTATION: SEVEN STEPS TO …...PALMETTO SHRM HARASSMENT 15 2. Hostile Environment - Where employer or supervisors engaged in, or were aware of such offensive remarks, behavior](https://reader033.vdocuments.net/reader033/viewer/2022052803/5f281f5574bbb4704d5b99be/html5/thumbnails/29.jpg)
PALMETTO SHRM www.nexsenpruet.com
DOCUMENTATION
‣Records should be typewritten, if possible.
‣Handwriting can often be illegible or written too lightly to show up on a photocopy.
‣Events should be recorded either contemporaneously or as soon after the event as possible.
‣If you are unsure whether to report an incident, you should usually err on the side of recording it.
![Page 30: PSHRM PRESENTATION: SEVEN STEPS TO …...PALMETTO SHRM HARASSMENT 15 2. Hostile Environment - Where employer or supervisors engaged in, or were aware of such offensive remarks, behavior](https://reader033.vdocuments.net/reader033/viewer/2022052803/5f281f5574bbb4704d5b99be/html5/thumbnails/30.jpg)
PALMETTO SHRM www.nexsenpruet.com
DOCUMENTATION
‣Make sure that the record is as specific as possible.
‣ Give times, dates, persons involved, and document the incident’s effect on
operations. The record should be signed and dated by the supervisor.
‣ If possible, the record should contain the employee’s response
to the action and should be dated and signed by the employee.
‣Never destroy or withhold records (from your attorney or where
litigation threatened, pending or possible).
![Page 31: PSHRM PRESENTATION: SEVEN STEPS TO …...PALMETTO SHRM HARASSMENT 15 2. Hostile Environment - Where employer or supervisors engaged in, or were aware of such offensive remarks, behavior](https://reader033.vdocuments.net/reader033/viewer/2022052803/5f281f5574bbb4704d5b99be/html5/thumbnails/31.jpg)
STEP SIX:
TERMINATION
MEETING
![Page 32: PSHRM PRESENTATION: SEVEN STEPS TO …...PALMETTO SHRM HARASSMENT 15 2. Hostile Environment - Where employer or supervisors engaged in, or were aware of such offensive remarks, behavior](https://reader033.vdocuments.net/reader033/viewer/2022052803/5f281f5574bbb4704d5b99be/html5/thumbnails/32.jpg)
PALMETTO SHRM www.nexsenpruet.com
TERMINATION MEETING
32
‣Time to allow for privacy.
‣Prepare for and rehearse delivery of
message.
‣ Review documentation.
‣Have a witness.
‣ Consider who should be in the meeting.
‣Be direct.
![Page 33: PSHRM PRESENTATION: SEVEN STEPS TO …...PALMETTO SHRM HARASSMENT 15 2. Hostile Environment - Where employer or supervisors engaged in, or were aware of such offensive remarks, behavior](https://reader033.vdocuments.net/reader033/viewer/2022052803/5f281f5574bbb4704d5b99be/html5/thumbnails/33.jpg)
PALMETTO SHRM www.nexsenpruet.com
TERMINATION MEETING
33
‣ Be prepared for a negative response.
‣ Do not interject personal feelings.
‣ Outline status of available employee benefits.
‣ Discuss references and messaging, if appropriate.
‣ Be sensitive.
![Page 34: PSHRM PRESENTATION: SEVEN STEPS TO …...PALMETTO SHRM HARASSMENT 15 2. Hostile Environment - Where employer or supervisors engaged in, or were aware of such offensive remarks, behavior](https://reader033.vdocuments.net/reader033/viewer/2022052803/5f281f5574bbb4704d5b99be/html5/thumbnails/34.jpg)
PALMETTO SHRM www.nexsenpruet.com
TERMINATION MEETING
34
‣Have any severance agreement, or
release, that you intend to ask the
employee to sign prepared and at the
meeting, if possible.
‣The severance agreement documents
the separation—it may or may not
include a release.
‣Severance is not automatic, absent
contractual obligation.
![Page 35: PSHRM PRESENTATION: SEVEN STEPS TO …...PALMETTO SHRM HARASSMENT 15 2. Hostile Environment - Where employer or supervisors engaged in, or were aware of such offensive remarks, behavior](https://reader033.vdocuments.net/reader033/viewer/2022052803/5f281f5574bbb4704d5b99be/html5/thumbnails/35.jpg)
PALMETTO SHRM www.nexsenpruet.com
TERMINATION MEETINGENFORCEABILITY OF RELEASES
35
‣ Reason for Termination and Effective Date
‣ Consideration
‣ State What is Being Released
‣ General Claims
‣ Specific Statutes – ADEA, Title VII, ADA, etc.
‣ Confidentiality
‣ Ability to Consult Counsel
‣ Time Limitations
‣ At lease 21 Days to Consider
‣ Revocable for 7 Days
MUST HAVE:
![Page 36: PSHRM PRESENTATION: SEVEN STEPS TO …...PALMETTO SHRM HARASSMENT 15 2. Hostile Environment - Where employer or supervisors engaged in, or were aware of such offensive remarks, behavior](https://reader033.vdocuments.net/reader033/viewer/2022052803/5f281f5574bbb4704d5b99be/html5/thumbnails/36.jpg)
STEP SEVEN:
OTHER
CONSIDERATIONS
![Page 37: PSHRM PRESENTATION: SEVEN STEPS TO …...PALMETTO SHRM HARASSMENT 15 2. Hostile Environment - Where employer or supervisors engaged in, or were aware of such offensive remarks, behavior](https://reader033.vdocuments.net/reader033/viewer/2022052803/5f281f5574bbb4704d5b99be/html5/thumbnails/37.jpg)
PALMETTO SHRM www.nexsenpruet.com
OTHER CONSIDERATIONS
‣Protect Sensitive Information.
‣Disable Electronic Resource Access.
‣Collect Employer Property.
‣Workplace Violence Concerns.
‣Employee Morale.
‣Defamation Issues.
![Page 38: PSHRM PRESENTATION: SEVEN STEPS TO …...PALMETTO SHRM HARASSMENT 15 2. Hostile Environment - Where employer or supervisors engaged in, or were aware of such offensive remarks, behavior](https://reader033.vdocuments.net/reader033/viewer/2022052803/5f281f5574bbb4704d5b99be/html5/thumbnails/38.jpg)
PALMETTO SHRM www.nexsenpruet.com
MOCK SCENARIO #1
38
‣ Hired Alex for Construction Position.
‣ Worked for 16 months.
‣ One appraisal on file after her probationary period. One page long, immediate
supervisor (Tom) says she is doing a great job.
‣ Tom has been complaining to you for the past 6 months that Alex has been late to work
repeatedly and has had a bad attitude, is irritable and short with co-workers.
‣ She was late again this morning and stuck her tongue out at him when he admonished her
for being late. He wants to fire her immediately for insubordination.
‣ What do you do?
![Page 39: PSHRM PRESENTATION: SEVEN STEPS TO …...PALMETTO SHRM HARASSMENT 15 2. Hostile Environment - Where employer or supervisors engaged in, or were aware of such offensive remarks, behavior](https://reader033.vdocuments.net/reader033/viewer/2022052803/5f281f5574bbb4704d5b99be/html5/thumbnails/39.jpg)
PALMETTO SHRM www.nexsenpruet.com
WHAT IF…?
39
‣You learn that Sam is often late, too, though not as much as Alex,
and flipped Tom the bird the week before and Tom just laughed?
‣You discover Alex is pregnant?
‣You meet with Alex and she accuses Tom of a hostile work
environment?
![Page 40: PSHRM PRESENTATION: SEVEN STEPS TO …...PALMETTO SHRM HARASSMENT 15 2. Hostile Environment - Where employer or supervisors engaged in, or were aware of such offensive remarks, behavior](https://reader033.vdocuments.net/reader033/viewer/2022052803/5f281f5574bbb4704d5b99be/html5/thumbnails/40.jpg)
PALMETTO SHRM www.nexsenpruet.com
MOCK SCENARIO #2
40
‣Hired Cal for Construction Position.
‣Worked for 10 months.
‣One appraisal on file after his probationary period. Four pages long,
immediate supervisor (Tom) says he is doing a good job but
documents several work errors.
‣One written coaching form, dated at six month mark, documenting
work errors.
‣Tom wants to terminate.
![Page 41: PSHRM PRESENTATION: SEVEN STEPS TO …...PALMETTO SHRM HARASSMENT 15 2. Hostile Environment - Where employer or supervisors engaged in, or were aware of such offensive remarks, behavior](https://reader033.vdocuments.net/reader033/viewer/2022052803/5f281f5574bbb4704d5b99be/html5/thumbnails/41.jpg)
PALMETTO SHRM www.nexsenpruet.com
WHAT IF…?
41
‣ In termination meeting, Cal tells you his work errors are because his
hip injury has gotten worse and he told Tom that last month?
‣Cal gets upset and claims Tom is discriminating against him
because of his age?
![Page 42: PSHRM PRESENTATION: SEVEN STEPS TO …...PALMETTO SHRM HARASSMENT 15 2. Hostile Environment - Where employer or supervisors engaged in, or were aware of such offensive remarks, behavior](https://reader033.vdocuments.net/reader033/viewer/2022052803/5f281f5574bbb4704d5b99be/html5/thumbnails/42.jpg)
PALMETTO SHRM www.nexsenpruet.com
MOCK SCENARIO #3
42
‣ Hired Teresa for Construction Worker Position.
‣ Worked for 7 months.
‣ One appraisal on file after her probationary period. One page long, immediate
supervisor (Tom) says she is doing a terrible job.
‣ Tom complains to you every day about how loud she is, talks too much about her
weight lifting competitions, doesn’t appear to shower after using the gym, tries to
tell everyone how to do their jobs and is generally not liked by teammates. He is
tired of dealing with complaints from co-workers about body odor and does not
think she is a good fit for the team. He wants to terminate her.
‣ What do you do?
![Page 43: PSHRM PRESENTATION: SEVEN STEPS TO …...PALMETTO SHRM HARASSMENT 15 2. Hostile Environment - Where employer or supervisors engaged in, or were aware of such offensive remarks, behavior](https://reader033.vdocuments.net/reader033/viewer/2022052803/5f281f5574bbb4704d5b99be/html5/thumbnails/43.jpg)
PALMETTO SHRM www.nexsenpruet.com
WHAT IF…?
43
‣Teresa tells you in the termination meeting that her religion prohibits
her from using any chemical product like deodorant?
‣You terminate Teresa. Several employees ask at a team meeting
the next day why Teresa is no longer with the company. What do
you say?
![Page 44: PSHRM PRESENTATION: SEVEN STEPS TO …...PALMETTO SHRM HARASSMENT 15 2. Hostile Environment - Where employer or supervisors engaged in, or were aware of such offensive remarks, behavior](https://reader033.vdocuments.net/reader033/viewer/2022052803/5f281f5574bbb4704d5b99be/html5/thumbnails/44.jpg)
PALMETTO SHRM www.nexsenpruet.com
WHAT IF…?
44
‣Teresa was terminated because Tom suspected she had been
falsifying her time cards, in essence being paid for work she was not
doing.
‣A customer calls the next day to ask why Teresa is no longer
employed, explaining that some equipment was missing from their
job site and he wanted to speak with her. What do you say?
![Page 45: PSHRM PRESENTATION: SEVEN STEPS TO …...PALMETTO SHRM HARASSMENT 15 2. Hostile Environment - Where employer or supervisors engaged in, or were aware of such offensive remarks, behavior](https://reader033.vdocuments.net/reader033/viewer/2022052803/5f281f5574bbb4704d5b99be/html5/thumbnails/45.jpg)
www.nexsenpruet.com
MOLLY CHERRYCertified Specialist in Employment and Labor Law
205 King Street, Suite 400, Charleston, SC [email protected]
4
5