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  1. #1
    Join Date
    Nov 2016
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    Question Employer Rehired a Employee Who Was Fired for Harassing Me

    My question involves labor and employment law for the state of: Michigan

    So this is actually referring to my wife and her work situation. Around a year or so ago she had a co-worker who was harassing her in and outside of work. Eventually after many complaints the employee was fired, thought the employee continued to harass her eventually he got bored and stopped. Today they rehired that employee as a night worker, she won't see him much but the thought of this happening all over again has started to make her anxious and she is thinking about quiting. She has talked to the managers earlier when she saw him interviewing for the position and tried to talk to them about it and they pretty much blew her off and said they wouldn't talk to her about it. Does anyone have any advice on how we should handle this situation? At the moment I have told her just to keep management informed if he does anything to her. She is seriously considering leaving which is sad as she has been with the company for years and has moved up a fair bit.

    I appreciate any help.

    Thank you.

  2. #2
    Join Date
    Dec 2009
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    Default Re: Employer Rehired a Employee Who Was Fired for Harassing Me

    All employers are legally required to do in the case of illegal harassment is to make the harassment stop. Employers are not legally required to fire harassers and they are legally free to hire/re-hire harassers whenever they wish...as long as they ensure that there is no harassment.

    Your advice to her to inform management if he illegally harasses her is sound.

    Your wife should not continue to discuss this with management before anything has occurred because this could irritate management and, under at-will employment, they would be legally free to fire her (not for being harassed but for bothering management about potential harassment incidents that haven't occurred).

  3. #3
    Join Date
    Feb 2008
    Posts
    1,179

    Default Re: Employer Rehired a Employee Who Was Fired for Harassing Me

    agree with eerelations.....she needs to put the past behind her, if she can and only report current/future issues. If she can't handle working for the same employer, that's her call. I wouldn't let some idiot run me out of my job though..... then she is just letting him win. And it is possible that the employer required some training, etc of him before rehiring him. And no they don't have to disclose anything they have done or required to her.

  4. #4
    Join Date
    Nov 2016
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    2

    Default Re: Employer Rehired a Employee Who Was Fired for Harassing Me

    Ok, Thanks for the help. I have never had much experience in this area so I thought I would get some advice from some more knowledgeable people. I agree she shouldn't let him run her out but it's her call. Thanks again for the quick reply.

  5. #5
    Join Date
    Jan 2015
    Posts
    1,142

    Default Re: Employer Rehired a Employee Who Was Fired for Harassing Me

    After many years of experience watching workplace situations, I would offer another helpful suggestion. The advice not to discuss this with management again unless there is an actual problem is very sound. But also, tell your wife NOT to discuss this situation with her co-workers, even those she considers close friends. If she does, it will get back up the line to management, I promise you, that she is concerned, it is giving her problems, and she is so worried that she is thinking of quitting. As someone said, in an "at will" situation, which it is, this could very well and legally get her terminated, in spite of many years of faithful service. It could also go against her when there are promotional opportunities in the future.

    Also, it will likely make its way down to the other shifts and to the person who was harassing her in the first place, which may stimulate him to beginning the whole thing again. As you said, he became bored when he was not getting any reinforcement at all for his behaviors. Hearing that she's all concerned because he's been rehired, is trying to avoid him, is very anxious and is going to the doctor because she's so afraid he's going to bother her again could be something that rekindles his interest. If she makes any sort of issue about this, up to and including confiding in co workers about it, it WILL get back to him, trust me.

    If she simply thinks she cannot bear it to work in the same company with this person again, she needs to begin looking for another position while she still has this one. If she quits her job due to this situation, I really doubt that she will be able to receive unemployment insurance while looking for something else. To draw unemployment insurance after quitting your job, you must show that you had some really serious (usually work related) valid reason to quit your job, and that you have exhausted all reasonable means to solve the problem before quitting. And she doesn't even have an issue right now, except her feelings. Unless she had actually been experiencing real harassment, had gone to management and they had refused to do anything about the problem, then her chances of being approved for unemployment after quitting are very slim. That she is anxious because the company has rehired this person is probably not going to be seen as something she can't control.

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