Employment Law Questions? Ask an Employment Lawyer.
Hello and thank you for the question. I am sorry to read of this dilemma.
Even assuming the information provided was true
and such detector exams are not reliable
and not admitted in court in most cases
at most, it shows that this person received the comments
that is beyond his control
and would not be a reason to reprimand him.
it is also a private matter falling outside work
further, the suggestion appears to not be accurate and may also be denied
He should therefore if confronted by it, explain he recalls not receiving anything from him but in any event didnt actively do anything wrong
one cannot control what one receives
Is that clear?
Yes that is clear. Should he, however, take any steps to get this disciplinary report removed from his file? As a custodian in a school district, the word "PORNOGRAPHY" would almost guarantee that if he searched for another like job he wouldn't be hired. Can they legally put that information in his file?
And was it even legal for the county to share the information they uncovered in someone else's pre-employment lie detector test? Aren't those somehow protected and only viewable by the employer who ordered it? I feel like he has had some real rights violated here.
It depends what is put in there
from what you mentioned nothing negative would be inferred
and there is no reason to place anything in his file as he did nothing wrong
if someone commits a crime or violation and sends something to someone else, the recipient has not violated the law
he should ask that it not be placed in his file
since not HIS conduct
The HR director said he should have told him not to text him that stuff. And that he would have to place a summary of it in his file, that he'd received pornography on his phone during the school day.
received? one cannot control receipt
he should object to that being included in his file
since it is not a voluntary act
Okay, if they still put it in should he fight it legally?
Can he do that?
He should pursue options to have it removed
including internally by internal appeal
litigation is too agressive and expensive
and the inclusion practically is not so significant
He should not spend money and time on a lawsuit
over a relatively harmless comment that doesnt reflect on him
and should have no impact
Okay, thanks for the info. He is just worried that they are trying to fire him over this, or force him to resign, and then another school would be afraid to hire him. Schools are super weird about any implications of hiring someone with any kind of disciplinary action related to anything like pornography etc. It's a black ball type thing. I will tell him all this information. Thank you very much.
Kindly rate the answer positively
No need to worry.
Is the answer acceptable?