If an employee apparently went to HR because I laughed at a question they asked, what can I do?
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If an employee apparently went to HR because I laughed at a question they asked, what can I do?
A co-worker of mine whom I am relatively friendly/playful with, went to HR and supposedly complained because I laughed at a question this co-worker asked. I know not the nicest thing to do. As I was trying to answer the question and say its a common mistake, she said that she’s going to HR and walked off. Should I go to HR and explain my situation? This complaining co-worker warned another co-worker via email that if they did the same, they would also be reported. This co-worker happened to be next to me during the situation
and laughed as well.
Asked on April 13, 2016 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Legally, as long as they not alleging that you laughed at them due to them being in a protected category (e.g. you didn't laught at them due to their race, religion, age over 40, sex, disability, etc.), legally, you did nothing wrong. That's the good news. (If you did laugh at them due to them being in a protected category, then you may have committed illegal workplace harassment and the employer may be required to take action against you to avoid their own liability.)
But the bad news is that if you don't have a written employment contract limiting the reason or process by which you could be disciplined or terminated, you are an "employee at will." That means that if your employer voluntarily, of its own free will, chose to take action against you, up and to including termination, they could; doing so would be legal.
As to whether you should contact HR: that depends on corporate culture, the personalities in your HR department, etc. There is no right or wrong answer: it's what you feel, as someone who knows the company and HR, would be best.
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