Someone gave this person a pornographic picture anonymously in the workplace. They, with a friend, went to several people at work and showed them the picture asking them if they did it. This one person was highly upset and reported them to HR. Can the company be sued?
2007-12-20 15:05:54 · 9 answers · asked by Pashtun M 1 in Politics & Government ➔ Law & Ethics
Yes. This qualifies as sexual harrasment.
Companies are responsible for instructing staff about what constitutes harassment, and also telling them WHO to go to to report it. And they are required to investigate reported incidents by law. They then must be accountable in court for the findings of the investigation if a suit is brought. Usually an attorney will counsel the client to wrap in any entity who might have had involvement - individuals, managers, and the company itself. After all they want to get as much $ as possible and leave no stone unturned.
2007-12-20 15:08:58 · answer #1 · answered by justbeingher 7 · 2⤊ 1⤋
Boy, your friend did the wrong thing. Now everyone thinks that he/she started the prank and planted the picture himself!
From what I have heard, these cases are very hard to prove and so not many lawyers will even take them on.
Maybe your friend should write up exactly what happened and place a copy of his testimony with his employee records in HR. He should apologize to the person who reported him, admit that he did not handle the situation in the right way, and be the perfect employee for the next 6 months so everyone will forgive and forget.
If that doesn't work he should learn from this mistake and start looking for a new job.
Tell him next time someone at work pulls a mindless prank like this on him he should ONLY speak to people he trusts about these awkward situations, not to everyone.
As for the idiot who gave him the picture, he probably heard that the victim was showing it all over the office and is either hanging his head in shame or laughing his head off.
If it happens again the victim needs to go STRAIGHT to his supervisor with it, or someone he trusts.
2007-12-20 15:16:04 · answer #2 · answered by Anonymous · 0⤊ 0⤋
The company can always be sued. The odds of winning the suit depend on whether the person who actually performed the act in question was doing something condoned by the company or whether that person was acting on his/her own. And whether the person had a history of such behavior that had been previously reported. In which case the actions taken by the company on the previous occasions also would make a difference in the odds of winning the suite.
2007-12-20 15:12:56 · answer #3 · answered by The_Doc_Man 7 · 2⤊ 0⤋
well you can try to go to court over anything but I doubt the company would be held liable unless they did nothing about the situation. This situation qualifies as sexual harassment so as long as HR is investingating and taking action against the offensive party i don't see them company loosing a lawsuit.
2007-12-20 15:15:12 · answer #4 · answered by Panda 7 · 0⤊ 0⤋
The person offended can sue for stress and humiliation, ect. However, the case is weak and would be a waste of time. Everyone should have a meeting about the rules and etnics of the workplace.
2007-12-20 15:10:42 · answer #5 · answered by Leona PH 4 · 1⤊ 1⤋
i think it depends on what the company did to stop the problem...or what they didnt do. and if a certain number of people were very upset about it. you know what i mean...maybe even with a petition you can probably get the company sued.
2007-12-20 15:10:17 · answer #6 · answered by alannabanana 2 · 0⤊ 0⤋
Anyone can be sued, but you would not win. The company did nothing wrong, the employee did.
People need to use some sense when filing lawsuits.
2007-12-20 15:11:31 · answer #7 · answered by Anonymous · 0⤊ 1⤋
I think the individual person maybe can be sued. But I don't think the company can.
2007-12-20 15:08:16 · answer #8 · answered by Anonymous · 0⤊ 2⤋
if this is a one time thing, you can sue but probably won't win.
2007-12-20 15:08:45 · answer #9 · answered by TheOtherGuy 2 · 0⤊ 1⤋