Legal Question in Sexual Harassment in California

the president of our company had been having a relationship with an employee for aprox a yr but they were actually never a couple. they now have a child together and they can not get along at all. the board has advised the pres to not talk to her since she can not keep personal life out of the workplace. she is making the office environment very stressfull for everyone along with the fact that she doesnt actually fulfill the duties for the position. we have been wanting to fire her prior to the excelation of stress currently but are very concerned since she has thrown around the fact that they had a relationship and while they have had very verbal arguments in the office he made her feel humiliated and she would have to think of harrassment charges if anything ever happened to her job. she is very very maniplative and all the staff and board knows it but we dont currently know how to protect ourselves from this potential suit. are we able to fire her without remifications? this employee actually has a record of sleeping with managers and boss's in the past (4 to be exact) and her actions are very inappropriate at the office such as going into meetings with the pres without knocking on the door and saying things like "i didnt realize there was a secret meeting" and slam the door shut. taking credit card denial letters from the cc companies that he has applied for for the business and posting the notice for everyone to see so to let it be known and much much more. we know we need to let her go but again need some advice on how to protect ourselves since the pres has stepped the line and yelled at her infront of other employees and called her things like crazy. please, any advice would be great.


Asked on 11/20/09, 11:32 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Anyone like her that is creating a sexually hostile environment for other workers creates potential legal liability for the company. So does firing her. There is no easy answer. You need to actually consult with an employment specialist attorney to discuss ALL the facts and issues in order to come up with reasonable risk-reward based options at this late date. If in SoCal, and serious about doing so, feel free to contact me.

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Answered on 11/27/09, 7:20 pm


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