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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 38507
Experience:  Retired (mostly)
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1. I am a senior Information Technology systems administrator,

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1. I am a senior Information Technology systems administrator, who has access to local plant badge record on a daily basis. Somehow company claimed that I have accessed the badge record too many times that are 20 times more than other systems administrator. Is it unlawful ?

2. The record shows that I have monitored a female employee 300 times more than myself in 10 months. Is it unlawful ? I told them she is my friend, just want to check if she's in and I thought using her name to check the badge activities is fine for verify the badge system connectivity.

There is no other bad reasons and there's no evidence of other wrong doing to the female employee (my friend) but badge record. Am I guilty of whatever to cause my career ?
1. I am a senior Information Technology systems administrator, who has access to local plant badge record on a daily basis. Somehow company claimed that I have accessed the badge record too many times that are 20 times more than other systems administrator. Is it unlawful ?

A: There is absolutely no law concerning this issue. If the employer has a written policy that prohibits your alleged conduct, then the policy entirely controls your rights and obligations.

2. The record shows that I have monitored a female employee 300 times more than myself in 10 months. Is it unlawful ? I told them she is my friend, just want to check if she's in and I thought using her name to check the badge activities is fine for verify the badge system connectivity.

A: This could be viewed as sexual harassment, in violation of federal regulations (29 C.F.R. § 1604.11). It could also be viewed as criminal stalking (Penal Code § 646.9(a)).

There is no other bad reasons and there's no evidence of other wrong doing to the female employee (my friend) but badge record. Am I guilty of whatever to cause my career ?

A: For the purposes of the Penal Code, your conduct must be willful and malcious -- which it does not seem to be. However, for the purposes of sexual harassment, your conduct only need make your friend "uncomforatable." If it does, then your employer can terminate you immediately.

If this person is really your friend, then she would need to tell your mutual employer that you are not bothering her in any manner. Otherwise, you may be terminated.

Please let me know if I can be of further assistance.
Customer: replied 4 years ago.

She Told the HR that "He's not my friend." and "4 weeks ago, I was talking to her, then yelled at her."

I listed 60 evidences that I am her friend so that I have known so many her family and relative information. Also I explained that I have not talked to her for 5 month due to work load misunderstanding, which proved that she's little retaliated to my case.

 

In legal term, she was lying to HR rather than a simple false statement. Can I be excused ? Or just a friendly paper warning instead of misconduct ?


Unfortunately, what you are describing is a classic sexual harassment charge under both federal and state law. And, the employer is liable to the other employee for the harassment, "unless it can show that it took immediate and appropriate corrective action." 29 C.F.R. 1604.11(d).

You're not going to like this answer at all, but I feel obligated to tell you that the standard operating procedure for an HR department in this type of circumstance is to terminate the employee alleged to having committed the harassment immediately.

I realize that this is not what you want to read, but I don't want you to be suprised if you are suddenly escorted off the premises. I have seen this happen many times before, under very similar circumstances. And, there is really no way to circumvent the situation, because the manner in which the federal regulation is written, it is practically mandatory that the employer take swift action against the alleged harasser -- even if the employee really did nothing wrong.

Hope this helps.
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