Legal Question in Sexual Harassment in Florida

Re: termination

Touching women is sexual misconduct and undoubtedly would violate your sexual harassment policy if you have one, as you should. Even without a policy, though, it is enough to discharge someone. But you would need to do a thorough investigation, get witness statements, and give the man a chance to tell his side. Then, if the charges are real, you have good cause to fire him.

The problem with firing someone without listing a reason is that, if he sues, you have to give a reason later but will lack credibility if you didn't state the reason earlier. In this case, he could have a case for sex discrimination himself unless you take the proper steps before discharge (even though he is probationary).

As you can see, it's a bit of a rock and a hard place and can get complicated. Your best bet is to have legal guidance from in-house or other counsel who is familiar with the all the facts.

Feel free to call or email if you need a consult.

Jeff Sheldon

The Sheldon Law Firm

[email protected]

Caveat: This is general advice only and should not be relied upon as legal advice because all facts and circumstances are not known to the author.