Q. A recent sexual harassment complaint reported the conduct of
A. Although there's no bright line, the fact that the alleged conduct occurred after hours at an event not sponsored by the company is very helpful. Courts are generally willing to recognize that senior managers are entitled to do what they want on their own time as long as it does not affect the work environment.
Your investigation of the complaint should explore whether and to what extent the off-duty conduct has spilled over into the regular workday. While the company may not be liable for off-duty conduct that is truly off-duty, the result is often different in cases involving company-sponsored events.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- 10 Secrets to an Effective Performance Review
- Retaliation can stick even if underlying complaint doesn't
- North Carolina Retaliatory Employment Discrimination Act
- Before you decide to fire, make sure past job evaluations support your rationale
- Worker doesn't have to say 'Harassment' to make claim