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Sample Written Warning Letter for Sexual Harassment





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Warning Letter for Sexual Harassment



May 29, 2009


Dear Mr. Stevens:


You are being issued this written warning for violation of our policy on Sexual Harassment.

Specifically, on May 25, 2009, at approximately 2:30 pm you approached and asked a female employee for a date, who had clearly told you no two days earlier by your own admission when your supervisor questioned you about this matter.

Mr. Stevens, sexual harassment can be defined by any unwelcome behavior of a sexual nature, such as making sexual advances after being told no. Every employee has a right to a safe and respectful working environment. It is important to understand that you must respect the answer that someone gives you.

Any future violations of our sexual harassment policy or any policy you will be subject to disciplinary action up to and including possible dismissal.


Gary P. Bloomfield
Supervisor



Mark G. Stevens
Employee





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Sample Sexual Harassment Policy



Our Company is committed to insuring a safe workplace in which all individuals are treated fairly, with dignity and respect. Our Company promotes equal opportunities for every employee that is free from any discriminatory practices, which includes sexual harassment. Any form of sexual harassment as defined below, regardless of verbal or physical, is prohibited. Under the law sexual harassment is considered illegal and will not be tolerated.

As it relates to our policy the definition of sexual harassment is any unwelcome advances of a sexual nature or requests for sexual favors. The sexual advances, physical conduct, or action can be verbal or non-verbal. It becomes illegal when submission to or rejection of this sexual conduct is used for explicitly or implicitly as a factor in employment decisions, performance reviews, advancements, training opportunities, etc. If this sexual conduct substantially interferes with a person’s employment or creates an intimidating, hostile or offensive work environment it is also considered illegal.


This is the Employee Manual Policy Software that I use!
This Software is less than $36

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An employee written warning letter can only be 100% effective if you have an employee policy manual in place that confirms the poor behavior! Behavior, such as, tardiness, insubordination, poor attendance, misuse of company property, fighting, drinking or intoxication, etc!

However, if you don't it still is an effective way to document poor behavior! Just not as good!

So why is an employee policy manual so important?



It completely reinforces that you as a business owner have informed your employee of what the rules of behavior are and what the consequences are if they violate them! This puts you on solid ground if you must end up in court!

I must say that there are several software companies that make very straight forward and easy to follow policy manual software that practically will write the policy manual for you!

I have looked at several of them and I personally like the complete package that Standard Legal provides!




Issuing someone a written warning letter for sexual harassment has much more impact on your business than you can ever imagine$$$

Whether or not you have a policy and more importantly how you enforce it can have far reaching effects on your business.

As an example let’s take a look at the Supreme Court Case of BURLINGTON INDUSTUSTRIES, INC. V. ELLERTH, certiorari to the United States Court of Appeals for the Seventh Circuit, No. 97-569. Argues April 22, 1998 and decided June 26, 1998.

The court’s decision made it very difficult if not impossible for a company to claim they are not responsible for a supervisor’s sole action under Title VII, involving sexual harassment that they didn’t know it was occurring.

Having a policy against sexual harassment and enforcing that policy by taking strong actions such as a written warning letter for sexual harassment, or possibly terminating someone, can begin to support that your company has a no tolerance policy against it. Understand that once a supervisor is involved it creates a huge problem for the company to support that position, even when that supervisor is acting on their own behalf.

Although there is no guarantee that it will help it is very important to provide ongoing training about your sexual harassment policy, and especially how someone can report it. California’s AB1825 State Law mandates it. Understand that the method should not solely involve the supervisor since they may be the problem. The important aspect is that you will want to make sure it is well known how to report any type of sexual harassment.

Making a policy and simply posting it on a bulletin board is not acceptable. You have a huge responsibility to make sure everyone, including supervisors, knows the policy and the consequences of violating it.

In the Supreme Court case above it makes it very difficult for an employer to not be responsible. Therefore, your hiring practices must be solid, but anyone can still be fooled.

So the next time you are debating about whether to issue a written warning letter for sexual harassment and the evidence is there my recommendation is to take action. Understanding also that you must be fair and consistent when issuing any discipline.

Thank you for reviewing this information on a written warning letter and May God Bless You!

do it yourself Employee Manual software from Standard Legal

I highly recommend this Employee Handbook Software to put into place the policies that will backup your written warning!




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