#MeToo #WorkplaceHarassment #HostileWorkEnvironment #OfficeGroping #HRCompliance
🚨 The office groper wants to come back to work. 🚨
In today’s world, the issue of workplace harassment has become a hot topic of discussion. With the rise of the #MeToo movement, more and more people are speaking out against groping, assault, and other inappropriate behavior in the workplace. So, what do you do when the office groper wants to come back to work?
## The Backstory
Six years ago, my wife had a coworker “Randy” grope her following a happy hour and a day-long continuing education course. She immediately stopped the situation, informed a few other coworkers, and came home to tell me. The groper later quit his job for a different office, only to be fired from that office for a similar event. Since that time, Randy has been to rehab and found Jesus.
Three years ago, my wife’s boss “Ivanka”, impressed with his religious recovery, has said he’s a changed man and wants my wife to consider letting him return to the office. She’s aware of the incidents but told my wife it would be up to her since she knew he had groped her. My wife obviously told her to eat a bag of forgiveness dicks and the situation was over. Or so we thought.
Today, Ivanka’s daughter showed my wife a picture of Ivanka and Randy together, posing in a picture that was obviously printed off of Facebook. The daughter told my wife, “He really is a changed man. You should think about forgiving him a second chance.” My wife told her to call me and get my opinion. I’m praying the phone rings.
## What You Need to Know
Before you decide how to handle the situation, here are some important things to consider:
### 1. Documented Evidence is Key
– She has documented accounts of conversations with her boss about the assault.
– She has documented dates and witnesses when Randy was brought up in conversation.
### 2. Looking for Other Options
– She’s actively looking for another office, but these people have learned nothing.
– I want to make certain they learn from this.
## Taking Action
In a situation like this, it’s important to take the necessary steps to protect yourself and ensure a safe work environment. Here are some actions you can consider:
1. **Consult with a Legal Professional:** It may be helpful to speak with an employment lawyer to understand your options and rights in this situation.
2. **File a Restraining Order:** If you feel threatened or harassed by Randy, filing a restraining order may be a necessary step to show that you are serious about your safety and well-being.
3. **Speak Up:** Don’t be afraid to speak up about the issue and express your concerns to HR or higher management. It’s important to make sure that your voice is heard and that actions are taken to address the situation effectively.
4. **Seek Support:** Don’t hesitate to seek support from friends, family, or a counselor to help you navigate through this difficult situation. It’s important to take care of your mental and emotional well-being during this time.
In conclusion, it’s crucial to take workplace harassment seriously and to take the necessary steps to protect yourself and ensure a safe work environment. Don’t hesitate to seek help and support when needed, and remember that you have the right to speak up and take action against harassment in the workplace. #MeToo #WorkplaceHarassment #HostileWorkEnvironment
>what do I have here
Nothing. This is your wife’s issue to deal with.
I’m unsure if there’s any legal issue with bringing this person back to the office six years after a single incident. Nor is it remotely likely your wife would be granted a restraining order.
If she’s still having reactions to seeing photos of him, she should document this with the employer as repeated exposure to traume, document any change in behavior, symptoms, needing to engage a therapist, etc. It’s not an unreasonable reaction to *sexual assault**,* and she needs to be able to demonstrate to her employer that bringing him back would cause psychological injury- before they make the decision to bring him back.
>what do I have here besides a hostile work environment?
You may not even have that. If Randy left before the employer had a reasonable time to investigate and act, then it would be hard to say that the employer has mishandled this.
The company has no obligation not to give “Randy” a second chance. Knowing that this bothers your wife, their specific actions may change things. For example, if they stick Randy right next to her, knowing how she feels, that *might* (depending on all the facts) be a problem.
Has your wife gone over her bosses’ head to HR or their supervisor to address her concerns?
Moreover, this groping *may* be beyond the statute of limitations, as many states do not consider groping to be sexual assault (carrying the much longer statute of limitations). That will limit the chance for a criminal conviction or even a restraining order.
The only obligation your wife’s employer has to your wife is to make sure the activities have ceased. If he doesn’t do anything else to your wife, they have fulfilled their legal obligation.
Your wife can continue to make it clear that she doesn’t want to work with Randy, but she can’t prevent her employer from re-hiring him. If they do re-hire him, she should talk to HR about his previous behaviour and the onus would be on HR to put precautions in place.
Your wife can go to the police station and file a report. I wouldn’t get my hopes up for a restraining order at this stage.
Lawyer here. Nearly every comment in this thread fails to consider how these situations really play out. The issue isn’t so much what the laws say, as many people think. It’s how much risk the employer is willing to take on with the re-hire and whether you can convince them of that risk. Legal actions are mostly about leverage and risk management.
Your wife needs to stand her ground. If you can afford a lawyer, hire one. Consider a plaintiff-side labor and employment attorney or, failing that, a personal injury attorney who handles sexual assault cases (not the billboard firms). He or she can write a letter to the employer explaining that bringing in a sexual predator who attacked a current employee would create a hostile work environment. The letter might make additional points also, based on laws in your jurisdiction.
When the employer shows that letter to their own counsel, there’s a 99% chance they’ll be advised to pass on the hire. If they hire the creep anyway, then congrats to your lawyer on the mountain of cash they’re going to win in the eventual settlement.
And if you can’t find or afford a lawyer, consider drafting the letter together and sending it via email to create a paper trail. Put the employer on notice of what the hire would mean to you both. And you matter here also, by the way.
Good luck.
Time for your wife to find a new job. These people are actively trying to bring a sexual predator into the workplace. Regardless of whether it happens or not, the sheer fact that they’d press her to allow it indicates exactly the type of people they are – shitbags.
Applied for a restraining order in court
He already had a second chance and was fired from the second office.