I agree with you, you must have proof this all took place. Rumors are one thing proof is another.
We have all had those times when you know someone is doing something but our hands are tied because we can’t prove a thing.
As for the other posters who don’t think this lady should be fired, I completely disagree. If they admit it fire her. If they don’t find a new reason to fire her. She is a bad apple and they spoil the whole bunch.
I wouldn’t call the police. I would call his parents. Let them decide to call the police.
I would tell your manager to tighten the ship, I’m sure he is more involved than you think.
Do not forget to tell your insurance broker about this “incident”…If you do not and years later this becomes a claim they may deny coverage because you have “prejudiced” their investigation and defense of the matter…They may not do anything but at least you have complied with your policy conditions that require you report anything as soon as you know about it…RCS…
When I read this, man, did I feel for you. Some employee matters can really put you in a rough spot.
If this is simply a rumor someone made up, I feel for this woman and her children. It most likely will get to authorities with or without your communications. If it is not a rumor, I personally feel the duty is upon you to protect this minor child. However, it is not your duty to investigate the matter. Tough spot, good luck.
If it were my store I would fire the woman and give no reason and just let her collect unemployment if she is so inclined. After less than 90 days (and with your probabtionary period) the unemployement liability is small.
When asked by anyone why she was terminated the answer is “we decided she was not the right person for the job” and that is all you say.
Unemployment contribution per employer is based on rate experience. I’m in New England. Does it depend on the how or whys when a person is dismissed where you are?
The how’s and why’s determine whether the event is chargable to your experience rate.
If chargable, the amount of the impact on your experience rate depends on the earnings the employee had at your business. So if they worked there a very short time, the impact is very small.
Without accusing, since you have no PROOF, explain to the 27 year old that stat. rape will get a person put on the sex offender registry. She will never be able to work in any decent job (sorry, but schlupping tables in a pizza joint ain’t “decent” IMHO) and make enough money to support her family. No corporation would want to touch her. Her name will be dragged through the mud, her children scoffed at, etc.
Come to find out yesterday that a few weeks ago the crew went out drinking and she slept with one of our 15 year old cooks.
I’m confused. Were they out drinking in your establishment? If not, why would it concern you as an owner? You simply heard a rumor… no more, no less. It apparently didn’t take place in your restaurant so legally, I don’t think it’s your problem?
Conscientiously, you might have other reasons for reporting this. As for the need to report this to avoid legal problems with your restaurant, you don’t have any IMO. Either way, talk it over with your attorney. That’s why you pay retainer fees. -J_r0kk
Does the fact that the 15 year old works for you have anything to do with anything?
Would your responsibility and reaction be exactly the same if he did not?
If not why not?
It sounds like this did not happen on your property and it is not your duty to call the police just because you heard a rumor. If you feel you have a moral obligation to do something maybe call the kid’s parents and let them call the police or handle it however they feel.
maybe the 15 year old spread this rumor and it’s untrue
Then wouldn’t you feel like a jackass if you called the cops
PZ
I have done some research on the internet and what concerns me is we can be held liable…The fact she is in a “manager” position only compounds the problem.
I have confirmed it happened. I didn’t sleep last night I am so angry.
Many of you posted why is this any of my business, well I think having the knowledge on of my management team commited statutory rape on an employee (even though outside of work) makes me angry.
A minor child is a minor because they don’t have the capacity to make good decisions. To allow her to continue to work at our place I believe will only create a hostile enviroment. Or maybe even encourage a continued relationship.
The purpose of the law is to protect minor children. And that is what he is a child.
I have decided to terminate her, I couldn’t care or less if she files for unemployment or tries to sue me at this point. At first it was a concern but who cares my moral compass says this is unacceptable and that is where I am standing.
I am cancelling the “evidence” meeting and having a regular meeting to discuss the policies at work.
I am done going through the trash, I’m getting it out in the dumpster cuz it is starting to stink!
Dough, I applaude you. I have been following your thread, and was wondering how it would turn out. I was hoping and praying that the real point would surface for you. This is a minor child, she an adult. This woman was to be management on your team, if this was a man would you have any doubts about your responsibility as an adult? Not an owner with liability, but as a human being. I know sometimes we get caught up in our role as owners. But the law is the law. And moral fibre is moral fibre. This is not an insurance issue, its a moral one. And you have won the battle between owner and human being, Congrats!
If it was a 27 year old man(mgr) that had sex with a 15 year old girl(cook) you wouldn’t hesitate to call the police. So why haven’t you called them ? Cause the minor is a guy ?
It’s a no-brainer, you should have called the cops as soon as you heard about it and let them handle it.
I dunno, if its a rumor, I would have asked the 15 yr. old even though its not any of ur biz. If he told me yeah I might tell his parents and let them handle it.
Hello guest,I was in a simular situation before and what worked for me was to use my broom.Just sweep the situation out of your store because it can come back to bite you in da a$$!As for both employees I would smoke them both for whatevah given reason,this type of chit you don’t need in your business.
So things changed yet again, but here is what happened…
The person who confirmed the incident refused to put it in writing. Which in essence put me back at square one. No proof.
The more I thought about it the more I realized I don’t need to deal with this. Without proof it was not my fight. I know several of my employees break the law outside of work…drinking underage, maybe smoke pot etc. and I would not call the police about that.
What made the situation even more tangled was one of the managers talked to the woman and she played the “I was too drunk to remember, I don’t know what happened” My source who wouldn’t put it in writing told a horrid story of several “relationships” going on with her, the minor child and two other adult males that night. So I began to worry the rape card would come to play. On the verge of a breakdown I decided to take myself out of this equation.
So a bird told me to check her driving record (she was a driver…training to be a manager) and our signed policy is if you have any points on your license you can’t drive.
I called her and told her to bring in her driving record. She indeed had a ticket and I showed her the signed policy and told her she couldn’t work here. She said I was going into managment and I showed her the other signed document our managers sign about up holding the policies and enforcing them. I explained that she knew she must tell us of any tickets and how could I trust her as a manager to enforce the policies if she isn’t even following them. She said fine and left without incident.
About 30 minutes later I was to have the scheduled “investigation” instead I told everyone there has been some rumors flying around and they are just that rumors. If anyone would like to file an incident report or formal complaint I have the forms available but other than that we have a zero tolerance on this subject. I explained rumors hurt and embarass people and I would not tolerate it.
I reinforced our zero tolerance on drugs, alcohol and illegal activity while at work. I explained I was taking the ship back over and I was not going to tolerate it any longer. I talked about our image and so forth.
Everyone was fine.
I truly appreciate all your input and advice. I am sure some of you would have handled it different but I did what I thought was best.