would I be fired?

Question

I was on my lunch hour eating a tamale, I squeezed the tamale so that I can eat it pop out of the corn leafs just like a popsicle.
I playfull co-worker came around driving a car and made the sexual gesture of as if I was sucking at his D***K and since he was moving in slow pace, I reach and opened the rear door of the car and trew the tamale into the rear seat of the car but I missed my aim and the tamale went all the way into the car and splatter all over the car and including him..
He went to management and now I stand trial, do you think I will get fired?
Thanks.

I thougth the gus was playing so I played and unfortunally I went to far in the play, so I immidiately apologized but he wanted to fight me instead of accepting my apologies..

Answer 1

What he did was sexual harassment; what you did is (throwing something out of you car at someone or at another car) is a felony in most States.

It will be at the discretion of the people who run your company; most States are "at will" and you and/or he can be fired for no reason, provided it is not for reasons of discrimination under EEOC.

Continue to be apologetic, tell them that you were wrong and it will not happen again, offer to pay for his dry cleaning bill to have his clothes clean and offer to pay to have his car professionally cleaned also (then pay those bills upon receiving a receipt indicating the amount) and then tell them what he did to provoke you to do what you did, then put it in God's and their hands to decide.

Answer 2

Claim sexual harassment for him making the gesture. He was engaging in sexual harassment with the gesture, so use the BS the PC police uses, throw it right back at them. I think if you do that, it threatens to make a mountain out of a molehill, something that may not be palatable to them, it may save your job. He was wrong to begin with, and commited the first act.

Answer 3

There is a good chance both of you get fired. He was wrong, but so were you. Technically, he was sexually harassing you, but technically, you interfered with a moving vehicle and vandalized his vehicle. If you stick to the technicality of violations, both of you end up hurt and the punishment will be WAY out of propotion of the original intent.

It can go either way, UNLESS both of you accept the responsibilities and mutually forgive each other, then go to your management of your mutual decisions.

Both of you did very stupid things.

Answer 4

This is an out of work incident. You should not be fired. Before any action is taken against you file a sexual harassment suit against him, that gesture was so offensive to you that you lost your temper and now no longer feel comfortable at work.

Good luck!

Answer 5

You could get fired or fined or both. You should have not thrown a tamale (lol) at him instead report it to your supervisor as sexual harrassment or whatever. Im pretty sure one of you or both of you will get either fined/fired... Hopefully the judge has a sense of humor. Hopefully everything will be okay brother! =)

Answer 6

It's totally up to your employer. I would call it a wash and give you both a warning, but the fact of that matter is that while what he did was inappropriate what you did is technically assault.

The boss might see that as the more serious issue.

Answer 7

This is funny.
You could try to explain the situation and if it were true, then you wouldnt get fired.
But dont underestimate people's intelligence...why wouldnt the guy just laugh it off if this really is the whole story? Is he a nutcase or something? is his story gonna contradict yours? The very fact he complained about this incident suggests you arent telling the truth...think about it....

Answer 8

I agree. The guy that did the gesture should be acknowledge and dealt with. This was inappropriate behavior on his part. So if you go so should he.

Answer 9

you can hold sexual harasment over everyones head, you'll probably get a raise to not make troble.