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Old 04-19-2008, 11:12 AM
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Unhappy Employer obligation regarding sex offender

I need some opinions regarding this situation at work. Almost a year ago a man was hired for my department at work. It's someone I deal with almost daily. When he was hired, he seemed fairly nice, but kind of quirky at the same time. About 3 months after he started, he began emailing me a minimum of 20 times a day (non work related..jokes, asking me what i was doing for lunch, telling me personal stuff). I had to ask him to stop. He then started calling me on my cell phone (we all exchange phone number in our department for work reasons,everyone has everyone else's number.) A few times I answered, but he never really had a reason for the call. It got to the point that I wouldn't answer when he called. Then he would call, and if I didn't answer, he would call right back, 10-15 times in a row wouldn't be uncommon. I asked him to stop calling unless it was a work-related emergency. I finally snapped one day when he called my extension at work and asked me to go buy him some shirts, and he would pay me for them later. I went to my boss and told him what was going on, and then had to go to out HR manager. They talked to him and warned him if he bothered me again, he would be fired. So...he went on to bothering other people (women). The guys in the machine shop started calling him 'staremaster' because at breaktime he would sit at the table and stare intently at one of the office ladies. He was also told to stop sending inappropriate sexual jokes to another woman in our department.
Recently someone was on the familywatchdog site and happened to put in our work zip code and this man popped up as a registered sex offender. He plead guilty to a 1st degree sexual assualt charge and spent 3 years in jail. Of course word got around at work, and someone came and told me, since she had known I had problems with him last fall.
My question is, shouldn't my boss or my employer have been obligated to tell me this when I went to them over his behavior? I'm actually surprised he wasn't fired. I'm sure he has rights as well, but I feel like they are putting us at risk having him there without telling us. If it had been anyone else, I might be able to say that it was 7-8 years ago, and he seems like he has changed, but when I was dealing with some things that made me uncomfortable and then to find out about his past, it's a different situation. I don't feel like I can say he's paid he dues to society and has changed.
Our past HR is now gone, and the new one said he wasn't sure if the company knew about his backround when he was hired, but that at the latest, they found out a few months ago by accident. (One of our machinists had a digital camera at work and was taking pictures of women's backsides without them knowing. He was stupid enough to show someone else, who went to the owner. The other person did a quick sex offender search for our zip code just to see if the machinist was on the list, and that's how the other man showed up.) I'm surprised this man wasn't fired either.
I just feel uneasy about having him around. I don't know if I'm expecting my employer to take this more seriously or if I am overreacting. Should I have been warned, especially after I had problems with him?
Sorry for the long post. I really need some unbiased opinions. Thanks...
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Old 04-19-2008, 11:34 AM
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If the guy was convicted before starting this position and did not provide that info on his application (should be a place for convictions) then the company should have terminated him for falsifying his application. I would think you and all other women should have the right to know however I do not know if they should or could have warned you. I believe they should have - it is a public record and they would not be going against any privacy act. You have a right to feel comfortable - I have never dealt with this sort of thing however I do think that they should let him go for falsifying if that is in fact the case. If they are unwilling to do anything about his behavior then I myself would be looking for a new job with employers who would make sure the environment I was working in was safe.
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Old 04-19-2008, 11:57 AM
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My DH just fired someone for way less that that!

If the company doesn't act, they hold themselves open for a lawsuit from you (and fellow employees) for not acting properly when the issue was brought to their attention.

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Old 04-19-2008, 01:38 PM
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regardless of his past behaviour...his current behaviour is enough to qualify as harassment (sexual and otherwise!). I would contact an attorney who specializes in work/employment issues.

Secondly--is this guy on probation/parole? If so, then he may be in violation of his P&P restrictions. I'd contact the police and ask if they could check their Probation/Parole list and go that route as well.
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Old 04-20-2008, 11:01 AM
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Odds are the guy did not disclose the fact that he is a felon and the business did not do a background check. If your HR does not take action, you could have the makings of a lawsuit against the company. (as lisa stated)

I would definitely go to your local police and make out a report so it's on file and possibly get a restraining order against him.
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Old 04-20-2008, 11:33 AM
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Thanks for the advice.
marilynk, no, he is no longer on parole.
I guess I'm going to talk to the HR manager again tomorrow morning. The bad thing is, if I talk to him and this guy ends up getting fired, he will know I had something to do with it. Then again, I don't want to work with him anymore. I wish they would have just never hired him, because now no matter what happens, I don't feel comfortable. It sucks, I've been there 18 years, I don't want to give up my seniority and benefits to get away from him.
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Old 04-20-2008, 12:14 PM
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I don't have a lot to add except... be very sure to keep written documentation of everything that this person does as far as perceived harassment or otherwise. Sadly, you don't have a leg to stand on in a court of law if you don't.

I know this because my DH is a manager of a group of individuals... They are trying to fire a woman now (not over sexual harassment) but over her missing too much work. The documentation is not there and so it isn't going to happen -- as he sees it. She's worked there for over 20 years.
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Old 04-20-2008, 03:33 PM
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Quote:
Originally Posted by Cuthie View Post
I don't have a lot to add except... be very sure to keep written documentation of everything that this person does as far as perceived harassment or otherwise. Sadly, you don't have a leg to stand on in a court of law if you don't.

I know this because my DH is a manager of a group of individuals... They are trying to fire a woman now (not over sexual harassment) but over her missing too much work. The documentation is not there and so it isn't going to happen -- as he sees it. She's worked there for over 20 years.
I would only like to add that you should also keep documentation of every conversation you have with HR about this individual. The law says that the company you work for must provide a harrassment free workplace. And unfortunately not all HR directors are good at their jobs. If they think you will just "go away" they will not take action.

I hope this gets staightened out quickly. It's terrible to dread going to work everyday.
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