I am a supervisor and I am about to terminate one of my employees who touched another co-worker in an inappropriate manner. (We investigated and concluded that it happened. There is also a police investigation in progress). Although we are terminating for harassment, I want the official reason to be poor performance. I think the employee is less likely to sue if we fire him for that reason rather than harassment. What do you think?
I think slapping is not enough for you. I also think that it must have been quite an “inappropriate” touch if the police became involved.
Even though I am Evil Skippy and not Nice Skippy, I will not now or ever issue a License to Lie because there is a word for lying about official workplace decisions. That word is “stupid”.
— Evil Skippy
You are in the workplace and not a Las Vegas casino (if you are working at a casino, my analysis still works). There is no reason for you to play the odds. In fact, it would be truly stupid to do so because if your gamble is wrong and the employee challenges the “poor performance” rationale in court, you can’t turn around and say the real reason was something else. There is a word for supervisors who do that. That word is “demoted”.
Be honest when you impose progressive discipline. Period.
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