Re:Ask HN: How do I deal with the first sexual harassment co...
by boosting7669 on Tuesday May 10, 2016 @12:02PM
(#11668182)
A startup typically does not have a lawyer on retainer for HR issues or an HR department for that matter.
Re:Ask HN: How do I deal with the first sexual harassment co...
by Jtsummers on Tuesday May 10, 2016 @12:18PM
(#11668314)
In which case the responsibility falls on the boss. And the first thing they need to do is get a lawyer. Firing someone without good cause ("I fired them both after she accused him of sexually harassing her") is a BAD idea. You're opening yourself up to suits. The situation, the investigation, it all needs to get documented and reviewed by people who know this stuff.
Once a startup goes beyond some friends/colleagues tinkering in their garage or bedrooms, you need to retain proper staff to handle your various employee situations. You need people that know how insurance works. You need people that understand retirement plans. You need people that understand legal obligations re overtime, travel compensation, etc.
With a small company you can conceivably get away with a handful of lawyers on retainer, or one primary in-house counsel who consults with specialists as needed. But you can't get away without having lawyers and HR people in the long run.
> If two employes can't resolve their own issues without involving you then you don't need them.
No employee should be subject to harassment. And as a consequence of being harassed they should not be cast aside. Part of being a boss is dealing with these situations. Even if dealing with it means handing it off to a lawyer and HR to resolve for you because you don't have the time or expertise.
> If the innocent party was truly free of blame you can always hire them back.
I can't get my ex back. Firing someone burns bridges.