Reporting harassment to protect oneself

When a harassment report is received, the facts must be investigated impartially, even if there are suspicions of fraudulent motivation. However, while the activation of the harassment protocol requires the company to be cautious, it does not prevent disciplinary action from being taken if it is proven that the report was false or malicious. Nevertheless, it is advisable to wait until the protocol is completed before carrying out the dismissal.

The company may dismiss the employee in the following cases:

• If the report is unfounded and has been closed after an internal investigation.

• If there are clear indications that the report was a strategy to avoid an anticipated dismissal.

• If there are testimonies or messages that demonstrate the fraudulent intent of the employee.

• If the dismissal is based on other objective or disciplinary reasons.

In these cases, it is advisable to thoroughly document poor performance, lack of commitment, or any work-related misconduct (collecting evidence such as messages, witnesses, changes in behavior, etc.). The key is to be able to prove that the termination – whether it is a dismissal or failure to pass the probationary period – is not related to the employee's report of harassment, but that the company had already made that decision before receiving the harassment report. Therefore, even in the case of termination for failure to pass the probationary period (in which case the law does not require any formalities), it is worth drafting a strong letter detailing facts, dates, and evidence.

 

Our professionals will inform you about any questions you may have regarding the harassment protocol, the guarantee of immunity, failure to pass the probationary period, or dismissal.