Harassment

FLAhr · September 2003

[font size="1" color="#FF0000"]LAST EDITED ON 09-16-03 AT 11:38AM (CST) by jrobb (admin)[/font][p]Hello,
I am new to the forum, please be gentle...This is probably not the best way to introduce myself, but I would like your opinion on this.
I have an issue with minors that were brought in to pull weeds at our facility.
They were made ee's in our system and the intention was to have them come in every Saturday.
They were dropped off this past Saturday. The Owners brother was here cleaning the plant and was to check on the boys to be sure they were working. The brother is not an employee, he works here as a sub-contractor.
During the course of the day he went to check on them. He went out to have them pull weeds in an area and when one of the boys bent over to pull the weeds, he was pinched.
The boys have made their statement. The one this happened to mentioned he was too embarrassed to tell his parents although, I did advise him to do just that.
The owners are aware of this incident but are out of town and will return tomorrow and we will proceed to interview the offender. Would the "outside contractor" be the one liable or the Company or both.
eeewww what a mess.
Thanks a bunch, I will be watching for your responses and help.
V

Rockie · September 2003

You are just as liable for the outside contractor as you are for an employee's actions. Was the "pincher" also a minor or was he an adult? If he was an adult and put his hand on a minor, there may be a legal issue here. If all of them are minors, it may be a case of immature behavior.

I would definitely not have the "pincher" on the premises again. However, be prepared that this may not be enough to satisfy angry parents if this person is an adult that pinched their child.

If all involved are minors, I still would not allow the pincher on the premises. We have had issues with high schoolers acting in very immature fashion and have decided we don't want to be a day care center, so we simply don't hire them. We will only hire college aged or above. (sometimes that is stretching it!)

Crout · September 2003

[font size="1" color="#FF0000"]LAST EDITED ON 09-16-03 AT 12:05PM (CST)[/font][p]So, the Owner's brother is the pincher? As Rockie indicated, your company is liable. My advice would be to get the Owner's brother off the property ASAP, start your investigation and prep the Owner for the fact that he may have to sever all company ties with his brother, depending on what your investigation uncovers.

scottorr · September 2003

I do not envy you in any way. This is a serious matter if the pincher is an adult. I find this type of behavior repulsive. I have a feeling that you company may be in for a lawsuit by an angry parent. Tell the owner that the brother needs to be disciplined upto and including termination. Was the pinching of a sexual nature or a punishment nature?

Don D · September 2003

WAITAMINIT!! Who said the owner's brother pinched the kid? Who said the pincher was an adult! If this was a kid pinching another kid on the butt, bid deal. Playing grab-ass among a bunch of kids may be immature and silly, but it is not illegal anymore than giving another boy a wedgie or 7th grade girls popping each other bra and running down the hall giggling. I think maybe the basic problem stems from the fact that kids were put on the payroll and told to have their parents drop them off and they went to work, basically unsupervised without having had a serious 30 minute orientation from the employer's representative who might have set out expectations, conduct rules and work rules. Am I to understand that the boy who was pinched by the other boy came running and crying and reported it as an issue of serious magnitude? If so, God help him through Jr. High and High School, not to mention his freshman year in the dorm.

Pork · September 2003

"DANDY DON": SHAME, SHAME, SHAME on you for writing so nasty to a first time posting. Welcome to the net from a southern gentleman, who lost his other wish kind and gentil nature. NOW, WHY ACCUSE THE BROTHER!!!NOW THAT IS SHOUTING AND NOT CHILDS PLAY!

PORK

LarryC · September 2003

If a minor was inappropriately touched while under the supervision of an adult, I would report it to the police...like right now. There have been cases (usually in school or day care situations) where teachers , principals, or providers saw fit to do their own investigations and found themselves in jail along with the offender with no sympathy from the prosecuter. These people had a "duty to report" child abuse. Your setting is dangerously close to their setting. i.e. Adults supervising minors. Play it safe and call the police.

pecohr · September 2003

FLAhr, there is lots of speculation build around not enough info. Before we can give you useful info you'll have to answer some of the questions asked here. Was the pincher an adult, was the pincher the owners brother, etc. or as you can see you get the shotgun approach which is answer every possible scenario.

Welcome by the way!

FLAhr · September 2003

Yes, the harasser is an adult (40-50)ish...The owners, husband & wife are back and just now I am told his contract will be terminated 10am this morning. The mother of the pinchee(15)will be in this afternoon. This is really out of my hands now. I will be witness to the interrogations. Although, I have asked if they have talked with their Lawyer... wife seems to think we are not liable and feels that that pincher contractor will burden this and has insurance for his own protection. She feels that she will meet her obligation if she cans him.
Enough info?
Thank you all, for your wisdom and welcomes.
V
(used reply, not sure how this will post) Be patient, I will get it.
The harshness from DonD was taken constructivly! Broad shoulders here...
And for the record, I do have a sense of humor, just not at the moment.
I look forward to "foruming" beside each and everyone of you.

Don D · September 2003

Everything I say should be taken constructively. My parenthetical questions at the beginning of my post are meant for the group as a whole to consider, not just yourself, because we simply did not have enough information about the perpetrator for several days. I took your question seriously and meant my answer seriously, even though I often pepper them with humor. At this point, I question the need to launch a sit down full-fledged investigation. You know who did the deed and his contract has been terminated. I would spend more of my time on prevention now....analyzing what went wrong, why there was no supervision by an employee, why there was no orientation, why do we need weed-pullers who might present a liability....on and on.

Crout · September 2003

I disagree with Larry that your company has a "duty to report" this incident to the police, as a public school would, UNLESS you see a crime being committed right before your eyes. Your company must, however, take action of some kind, which should include a prompt, thorough investigation, followed by the appropriate disciplinary action. The owner's wife is incorrect; by the way, that your company is shielded by the contractor's insurance. Was it the owner's brother or not? You never answered the question. As to harshness on the Forum, what I have discovered is that nothing annoys people like an incomplete scenario. You gotta give Forum-Foax the whole story if you want sound advice.

FLAhr · September 2003

My second paragraph states "the owners brother had the boys pull weeds in an area, when the boy bent over he was pinched" yes, pinched by the brother,the contractor ect.
I was trying to give enough info and at the same time keep it clean and be discreet. Hard with such a mess.
Thanks
V

Don D · September 2003

One last suggestion: On the Forum there is no need to be timid and discreet. Believe it or not, a year and a half ago I was shy with a couple of my first posts x:o. When I go to the doctor do I tell him where the itch is or am I too shy to do that and hope he'll figure it out? When I launch a sexual harassment investigation, do I advise the witness to dance around words and not embarass me or himself or do I need to hear the discription and evidence exactly as it occurred? You will find that the more direct and unambiguous the question, the more complete and helpful the suggestions will be.

FrayWitzer · September 2003

Don,

First, I do not believe that you were ever shy. And, second, they have a cream for that itch now.

Evan

Carey · September 2003

Has anyone consulted your company's attorney? I definitely would not contact the police without doing that first. People who work with children (day care, schools, etc.) are mandated reporters (by law) and that's why they have an additional level of liability if they don't report such things.

marc · September 2003

Carey's suggestion makes sense. We are a non-profit dealing with children and families and in some situations have mandated reporting responsibilities, but not in others. The lawyer on our board wants to deal with the authorities if any situation like this occurs. Bring them in when you need them.

Leslie · September 2003

I would think it's up to the parents and the 15-year-old whether they want to press charges as to if the police become involved. Since the boy was embarrassed to even tell his mother, it appears he may not want to. What possesses some people?!?!? Sick and wrong.

Harassment

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