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ok. now i have a new question. she is the manager over many…

ok. now i have a...
ok. now i have a new question. she is the manager over many employees. she also said she was going to file a sexual harrassment suit if we did not pay her the 2 weeks. she states 1 of the employees (Male) has made sexual statements to her and we were told she was showing her tatoo to him and others in the office. we were going to let our manager go but she beat us to the punch. I have spoke to several other employees there and they stated she has on more than 1 occasion shown her tatoo pulling her pants down some and her shirt up to the bra line in front of them and this male. She is denying that and said she will file sexual harrassment suit and said she will win. She had mentioned when she started with us 3 months ago he had made a remark. I told her to write him up or send him home 3 days without pay or whatever she thought should be done. She said no, it's cool, i can handle him, i like a challenge. I have not heard anything else...until now. now she says if we don't pay her 2 weeks notice she will file sexual harrassment b/c he has recently been making statements. She is his supervisor and this is the first I have heard. I have known him for a long time and i don't know if he said anything or not. I asked him and he said NO. Should she not have written him up being his supervisor and let him go if there was an issue. why is she now saying all this? What would you do?
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Answered in 6 minutes by:
6/28/2010
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,631
Experience: Employment/Labor Law Litigation
Verified
She sounds like a loud-mouth, trouble making moron.

Sorry, be she says a lot and doesn't really know what she's saying.

When you spoke to her and asked her what to do, that effectively ruined any claim she might have had. You backed her and were prepared to cure, but she never made anything of it.

She is saying all this now, because she probably knows that she isn't entitled to that two weeks of pay, but she really wants it. This is her weak attempt at extortion.

She can file with the EEOC. That's true and it would cost some money to defeat her claim, though you would be able to do so easily. What you have to decide is whether or not it is more of a financial burden to fight her (and win) or just let her leave and give her the two weeks pay. You might consider having her sign a release of all claims against you, so she can't take the two weeks pay and sue you anyway. That'd be worth doing. Having a local attorney draft a release and offer her maybe two or three weeks of pay as a "severance" to entice her into signing the release.

Because there is nothing from stopping her, even if you pay her that two weeks she wants.
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Customer reply replied 8 years ago
honestly, i am tired of always giving in to people when i have done nothing wrong. I don't want to pay her. If he did say something to her then she was his supervisor and she should have handled him, and if she didn't feel comfortable in doing so then she should have notified me that there was a problem. She did not. I am going to pray about this and stand up for my rights this time.
Ok. Then just don't pay her and see what happens. You have that legal right.
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Customer reply replied 8 years ago
do you think it would be appropriate just to say that I do not need her to come back in. Besides, Friday she called and said she would be in late and she never came in...so how am i now to assume she would be in to work out her notice. if you were me, what would you do?
Yes, that's fine. Just tell her that you'd decided to accept her resignation effective immediately and that you no longer require the two weeks notice that she gave you.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,631
Experience: Employment/Labor Law Litigation
Verified
Allen M., Esq. and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 8 years ago
thank you so much! Have a great night!
You too.

Take care.
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