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I had a candidate that came in for an interview. While the…

I had a candidate that...
I had a candidate that came in for an interview. While the candidate was in the bathroom and employee mistaking the candidate for someone else grab then candidates leg while he was sitting in the stall. While the employee didn't mean it in a sexual way this is a violation of our harassment policy. "• Physical conduct such as touching, blocking or interfering in any way with another’s movement or work, or any assault upon another;" The employee has never had an incident before. Should I still move to termination because I have candidate liability if I don't?
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Answered in 5 minutes by:
3/15/2018
Damien Bosco
Damien Bosco, Attorney
Category: Legal
Satisfied Customers: 4,237
Experience: Helping you with your legal questions.
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Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

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Customer reply replied 1 month ago
ok

What is the candidate saying about this?

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Customer reply replied 1 month ago
The candidate explained what happened, we apologized and he began the interview process. So far we haven't heard anything else. Its a long shot for this candidate to get hired and they are not currently working

I see. Hold, please while I respond...

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When a company has a policy regarding harassment or any other employment policy, the company must treat all employees equally as it implements the policy. For example, if one employee breaches a policy and that employer does nothing but another employee breaches the policy and the person is terminated, then that could potentially cause legal action in the future. So that is something to think about.

Yet, a company can use some discretion also, meaning the company can evaluate all the facts of the situation. For example, if a policy is intentionally violated verses negligently violated, then it could be up to the company to make a final decision based on the facts of what happened.

We can discuss this more if you want to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

Damien Bosco
Damien Bosco, Attorney
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Damien Bosco
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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