The Mailbag.

AuthorDelogu, Nancy
PositionLetter to the editor

Harassment: Can we require employees to submit a complaint to us first before going to the EEOC?

Q Can we require our employees to submit their sexual harassment complaints to our company first before they file a claim with the EEOC or other outside judicial agencies?--Anonymous

A No, an employer cannot require an employee to bring claims or concerns about sexual harassment to its attention before seeking assistance from government agencies, whether criminal or human-rights oriented. However, if employees unreasonably fail to report concerns about harassment to the employer, their potential recovery in any subsequent action may be limited (depending on the facts).

Can employee demand a written reason for firing?

Q We fired an employee without giving a reason, and he is now requesting the reason in writing. Do we have to comply? Also, the employee had filed a complaint against someone in senior management, but the complaint was never investigated. The employee was terminated soon after the complaint. Is there liability?--Anonymous, Virginia

A In general, an employer is not required to identify the reason it elected to end the employment of a worker. But as you see, failing to do so often leaves room for the employee to assume that the reason was inappropriate or unlawful.

You do not say who approved the termination or if that person was aware of the employee's complaint against the senior manager. But, to clarify with an example, let's say the employee had complained that the senior manager was rude. In that case, it's likely that the termination was not unlawful. However, if the employee's complaint suggested the senior manager had engaged in some sort of discrimination or harassment, then the proximity of the termination to the complaint might provide the employee a path to a retaliation case. A closer investigation seems warranted.

Employee said 'no' to his relocation notice: Can we terminate him?

Q We've verbally notified an employee three months ago that his job is moving to another state (effective next month) due to restructuring. The employee refused the relocation. What is the risk if we lay off the employee now?--J.L., Texas

A If the employee is employed at will, you can let him go for any reason or no reason at all, as long as you don't act for a prohibited reason. "Prohibited" reasons can include discrimination, retaliation and similar worker protections, such as interference with protected leave rights.

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