Quote:
Originally Posted by zikzak
You criticize lawsuits as being the problem.
You advocate individual employment contracts.
Your solution for breach of contract is a lawsuit.
Do I have this correct?
I'm not advocating any solution. People can decide what protections they need. One solution might be contracts in employment. It might not be common or it might be very common. It might look similar today or might be very different. I cannot predict such things nor do I want to even try.
Quote:
Originally Posted by Vecernicek
Snaggle, are you saying that in this scenario, if the cook's position was easier to fill, you would fire the male, even though he said her accusation was untrue and she had no proof?
I don't think the only criteria is easier to fill. You have to look at what is more likely to be true, and the costs of keeping each person based on it being true and the costs based on it being false.
If the accusation is true, and you keep the guy, he could very likely continue this behavior on other employees and you have to deal with it down the line again. If you keep the woman, then maybe it stops, maybe she gets offended by something else later and just gets easily offended (it really depends on what the accusation is. There's a difference between a coworker groping you and a coworker telling you that you look hot). But you also remove the chance of him doing it again to someone else. The more serious the accusation against the guy, the more benefit there is in firing him (assuming its true).
If the accusation is false, and you keep the guy, business continues as normal as you have removed someone who will create trouble for you. If the accusation is false and you get rid of the guy, you have given more power to a troublemaker who will lie to get her way with the threat of lawsuits. This could be quite expensive to deal with in the future.
It's a really tough call, and while who is easier to replace may come into play. The right play, if you were allowed to actually talk about the issue, would be to see if you could convince one of them to voluntarily leave (help them move to another restaurant). The example here, where there is no evidence, with an improved legal system where it wouldn't be so expensive to defend yourself as an employer, might be to do nothing. That seems like the most fair situation where no one can prove anything and there is no history from either employee.
The other weird thing, is the waitress could be sexually harassed daily from customers yet somehow that would not need special protections, but somehow if they happen to be employed by the same person, it does. I don't understand the difference.