Should the supervisor consult an attorney.
A male employee (straight) accuses a male supervisor (straight) of sexual harassment. The 2 have worked together for 8+ years, with in the last year the accused has been made supervisor of the accuser. The accused has repermanded the accuser on several occasions, but because they were friends had not "officially written him up". The accusations of the accuser range from calling him "BOY" which has been a running joke with them for years to squeezing his shoulder, like walking up behind him and and squeezing the top of his shoulders and saying hey man what’s up. The accuser also stated that the supervisor "dry humped his leg" I am not even sure what that means. The accused denies the dry humping leg but admits the other joking around things.
The accuser also accused other employees (male) of poking him with a tape measure, (female) jokingly kick him in his butt, neither of them was suspended but they were questioned on their actions.
So the firm sent the supervisor home suspended without pay, he was not told why or what he was accused of. They allowed the accuser to remain at work. The accuser then proceeded to seek out employees for support in his claims. Employees called the accused supervisor upset and told him what is happening, the accused reported that to the company and nothing was done to stop the slanderous remarks prior to the investigation being started. The accuser is still allowed to be at work and still saying character damaging things. There may be one or two other employes that do not like the supervisor, but all the people he directly supervises including two women have no problem with him. There is not a "hostile work environment."
The accuser never said anything to the accused, or any other management about the joking behaviors that have gone on for years now offend him and bother him. The behavior of the accused was never given a chance to change or given training on how to transition from co-worker to supervisor. What can the supervisor do to protect his job, he is willing to amend his behavior and take management classes or any other training that may assist in transition from co-worker to supervisor.
The company brought an outside lawyer to investigate
Could this be cause for termination?
He was suspended on the 12/13/12 and still has no date that this will be resolved. The interviews by the outside attorney were handled on 12/19/12. . Please advises if the supervisor should seek legal counsel.
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