Harassment in the workplace is a serious issue that can result in serious repercussions for those involved. When an employee is found guilty of harassing another employee, it can lead to termination.
Harassment in the workplace is never acceptable. Unfortunately, it can be difficult to recognize and address inappropriate behavior. However, when companies do take action to terminate an employee for Harassment, it sends a clear message that such behavior will not be tolerated.
This blog post will discuss the different forms of harassment, the consequences of harassment, and the steps companies can take to prevent it.
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Terminated for Harassment – What Does The Term Mean?
Terminated for Harassment is a phrase used to describe an employee who has been fired for engaging in the Harassment of another employee in the workplace. This type of termination occurs when an employer finds that an employee has engaged in unacceptable behavior, such as sexual harassment, racial discrimination, verbal or physical abuse, or bullying.
Common types of Harassment in the workplace include:
- Sexual orientation-based Harassment,
- Psychological Harassment,
- Verbal abuse,
- Sexual Harassment,
- Quid pro quo sexual harassment, and
- Cyberbullying.
Terminating an employee for Harassment is a serious disciplinary action and typically involves the employer conducting a thorough investigation into the allegations. In many cases, an employer must also issue a written reprimand or warning before terminating the employee for Harassment.
Source: Pexels
What Does Harassment In The Workplace Include?
Harassment in the workplace is illegal and can include unwelcome conduct or language based on someone’s:
– Race,
– Gender,
– Religion,
– Disability, or
– Other protected characteristics.
Harassment can also include unwelcome sexual advances, requests for sexual favors, offensive jokes, insults, and other verbal or physical aggression.
It is important to remember that Harassment is not limited to face-to-face interactions – it can also occur over the phone, via email, or through social media. There have been 98,411 charges of Harassment and 27,291 charges of sexual Harassment under any basis in America between FY 2018 and FY 2021.
Employers must take a zero-tolerance stance on any form of workplace harassment. In addition, they must have clear policies and procedures to ensure all employees are treated with respect and dignity. When an employee is found to have violated these policies, they may be subject to disciplinary action, up to and including termination.
Types Of Workplace Harassment
Workplace harassment can be:
– Verbal: This can include derogatory comments, insults, and slurs.
– Non-Verbal: This can include offensive gestures, signs, and symbols.
– Physical: This can include unwanted touching, assault, and coercion.
– Visual: This can include posting offensive pictures, cartoons, and posters.
– Cyber: This can include unwanted emails, text messages, and social media posts.
Source: Pexels
Laws Against Harassment
Harassment in the workplace is a serious violation of federal laws. It is discriminatory and violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 (ADEA), and the Americans with Disabilities Act of 1990 (ADA). This law prohibits employers from harassing employees based on their race, color, religion, sex, national origin, age, disability, or genetic information.
The law also prohibits employers from retaliating against individuals who report Harassment or participate in a harassment investigation. Instead, employers must take steps to prevent and address Harassment in the workplace.
This includes:
- Developing policies and procedures.
- Training employees on the policies.
- Creating an environment where employees feel comfortable reporting incidents.
Employers who fail to do this can be liable for damages or losses.
Source: Pexel
What To Do If You’re The One Terminated For Harassment?
If you’ve been terminated for Harassment, it’s important to understand your rights and take the appropriate steps.
1. First, seek legal advice from a qualified attorney. They can help you understand your rights and the specific laws that apply to your case.
2. Next, find out if there is an internal process for filing a grievance or appeal against the decision. This will allow you to present your side of the story and provide evidence to support your claim.
3. Finally, look at your existing contracts with your employer. You may be able to use these contracts to dispute the termination or seek compensation for lost wages.
4. No matter what, remember that you have rights and options regarding being terminated for Harassment. Taking the time to understand them and seek legal advice is important in getting the best outcome.
What To Do If You’re The One Harassed?
In a study, it was found that approximately 44% of people have experienced Harassment at work. Therefore, if you are being harassed in the workplace, it is important to take action.
1. First, document the Harassment by writing down all details related to the incident or incidents. This includes dates, times, names of those involved, and other pertinent information.
2. You should keep any emails, messages, or other evidence supporting your claim.
3. It is essential to report the Harassment to your employer, especially if the behavior is pervasive or serious. The Human Resources Department is usually the best place to go for assistance.
4. Once you have reported the issue to your employer, they are legally obligated to investigate and take appropriate action.
5. Keeping records of any conversations you have with your supervisor or HR personnel regarding the incident is also important. This will serve as evidence if you later decide to pursue legal action.
6. Finally, consider seeking advice from an attorney if you feel your rights are violated.
Can You Get Terminated For Harassment Outside of Work?
Yes, you can get terminated for harassment outside of work. Unless you’re a professional wrestler. Then it’s encouraged!
Employers may choose to terminate an employee if their behavior outside of work reflects badly on the company. This is like having a single incident on your police record – it can be overlooked if it’s a minor offense.
Still, it will be more severely judged if it’s more serious and goes against the organization’s core values. This can include making racist comments online, breaking the law, bullying others, or giving the company a bad reputation.
According to CareerBuilder, 28% of employers have fired people for using the Internet for non-work-related activities during work hours, and 18% have dismissed employees because of something they posted on social media. Therefore, if you are accused of Harassment outside of work, it’s important to be aware of the legal implications and talk to a lawyer if necessary.
Final Thoughts
No matter the circumstances, workplace harassment should not be tolerated. Everyone has a right to a safe and respectful work environment.
It’s important to understand the implications of Harassment and what it can mean for your job if you’re accused of such behavior. Termination is a serious consequence and should be taken seriously.
Know that you have options and the right to defend yourself if the situation arises. Be informed about your rights and obligations to ensure that you are treated fairly and respectfully.
If you need to talk through your rights with an employment lawyer in Philadelphia or Pittsburgh, just give us a call.
Source: Pexels
FAQ
Does’ Terminated’ Mean You’re Fired?
Yes, being ‘terminated’ means you’ve been fired. It’s a form of dismissal that involves ending employment based on misconduct or other reasons. It’s usually considered permanent, and it may have negative effects on your career. If you’ve been terminated for Harassment, it’s important to seek legal advice as soon as possible.
What Are The Major Reasons For Termination?
Terminating an employee can occur for various reasons, including poor performance, misconduct, violations of company policy, layoffs, or failure to comply with company regulations. Termination can also be used as a disciplinary measure in cases of gross misconduct or serious violations.
Other common causes include workplace harassment, discrimination, dishonesty, absenteeism, and criminal activity. In most cases, employers are legally required to provide employees with a written explanation for their termination.
Will Termination Impact My Future Employment?
Yes, termination for Harassment can have an impact on your future employment. Employers may be reluctant to hire someone with a misconduct record and could be viewed as a liability. Therefore, it is important to be aware of the potential consequences of Harassment in the workplace and take measures to prevent it from happening.
Can I Be Rehired If I Was Terminated?
It depends. Depending on the circumstances, some employers may be willing to give a former employee another chance. However, if the termination was due to a serious violation such as Harassment or misconduct, it may be more difficult to be rehired. If you believe you were wrongfully terminated, you should contact your former employer to discuss the possibility of returning.
