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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19168
Experience:  Employment/Labor Law Litigation
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In June 2015, An employee whom I managed was given a below

Customer Question

In June 2015, An employee whom I managed was given a below expectations on his evaluation. The evaluation was discussed and approved by my boss. The employee was placed on a 90 day PIP. A week ago the employee accused me of inappropriate behaviour and there was some indication that I gave him the evaluation because he rejected my advances. He never raised these issues in his rebuttal. HR has asked me to continue to manage this employee and perform as though nothing has ever happened. I am uncomfortable because I do not know what he is capable of doing. He has called me, sent emails and appeared at my office several times throughout the day.
In the interim what should I do? Should I advise HR of his inappropriate behaviour that also made me uncomfortable or should I simply wait out and see what happens?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

You should absolutely inform HR of the additional inappropriate behavior that has made you uncomfortable. If they are not aware of it, they may just believe that he made this allegation as a means of trying to avoid the PIP and that there are no other concerns.

Your additional facts could give HR and the employer pause in allowing the employee to remain in the office, and for safety purposes, they could suspend him. Do they have to do that? No, the don't. Regrettably, the law doesn't impose a requirement on an employer to act in light of these sorts of situations. Sadly, all the law does is impose liability on an employer when they don't act and something happens. Courts count on the fact of this potential liability as the motivation for an employer to do what they should.

So, other than being able to report the behaviors to HR, there is nothing more you can do.