Terminated Female Claimant Claiming Sexual Harassment Denied U/C Benefits and other Potential Charges averted.
A regional company in a building trades industry terminated a female employee for failure to make the work schedule. The employee failed to come to work for three days and did not call in. After the termination, the Claimant said she did not come to work because she did not feel safe because her Supervisor was sexually harassing her. The employee was initially granted U/C Benefits.
The company wanted to appeal the U/C ruling and HR FOR HIRE, Inc. was contacted to handle the U/C Claim. Upon investigating the issue, it was apparent that the Claimant had quite a “checkered history” at the company. She had a history of making suggestive sexual remarks and had also dated a number of the male employees resulting in a physical altercation between two male employees. The Claimant also had attendance issues previously and had been moved to other departments twice because she could not handle the physical requirements of the positions. However the company management had not documented any of these occurrences and had instead just chosen to give her other chances in other departments.
At the U/C Hearing we were able to prove that the Claimant had never complained to any member of management or any other employee regarding any inappropriate behavior towards her by her Supervisor. Additionally we were able to show that the Claimant was working another job while she was collecting U/C benefits and was not reporting the earnings.
Even though the U/C claim was important to win, of more concern was the potential that other External Charges or Law Suits could be filed against the Company regarding the allegations of Sexual Harassment. Because of how we were able to disprove any allegations of sexual harassment at the hearing, the Claimant did not file any subsequent charges against the company.
After receiving the positive U/C decision we conducted an HR Audit which identified a number of areas where potential liability under Employment Law existed. The Employee Handbook was redone which provided policies to protect the Company, Supervisors were trained in Sexual Harassment and General Harassment and basic Employment Law, and a Substance Abuse policy was put into place. Additionally we emphasized how important it is to document any violation of Company policy and to consistently apply all policies. To this date no other External Complaints have been filed against the company by any other employee or candidate for employment.