Work Advice: Handling a troubling Web search and a misdirected text
Q: Another female employee and I recently found out that a new hire on our team has an extensive court case history, including recent dangerous criminal charges — many against women. This information is part of the public record in our state, easily accessible online. Our work requires us to interact with him closely. We are concerned about our safety, but we do not think our anonymity would be maintained if we alerted HR to our concerns.
We do not know if our company does background checks before extending offers, but we understand the company cannot discriminate for various reasons. What can we do to protect ourselves? He's already expressed romantic interest in a colleague, and we do not know how he may take rejection. If something happened, I could never forgive myself if I could have done more to prevent it.
A: To start, let's assume you've ruled out mistaken identity (as in, there's only one Aloysius von Kawasaki in the world with a kumquat tattooed on one cheek, and he's it). Even so, you need to avoid defaming him with misinformation or speculation.
You could anonymously mail your findings to HR, but employment attorney Sharon Snyder, of the Ober Kaler law firm in Baltimore, says she would be “squeamish” about secretly sabotaging a co-worker. Your most ethical option, she says, would be to express your concerns directly, wrapped in the following caveats: “I'm not accusing Al of anything or refusing to work with him. But I came across information I thought you should know about, because he has expressed interest in a woman who works here. I expect you not to disclose my name, because I'm afraid for my safety if these reports are accurate.”
What led you to investigate Al in the first place? If you have seen him exhibit erratic or threatening behavior, that information could lend your concerns some weight with HR. In the meantime, do your best to treat him with polite, businesslike detachment until he gives you reason to do otherwise.
Q: I am a lawyer (non-partner) and received a text message with sexual content from a married partner I work with. I am confident it was meant for someone else, but I have no idea whom.
Should I pretend it never happened? Alert him to his mistake? Alert someone else at my firm? Save the message, or delete it?
A: You have no legal duty to report the incident or keep the message, Snyder says. If you suspect it was intended for someone you manage, however, ethics and firm harassment policies might say otherwise.
Personally, I can see responding once — “Beg pardon?” — as both a warning and a dismissal. I'd also save a screenshot of the message on my home computer, where it will be out of sight and out of mind — but retrievable.
• Miller has written for and edited tax publications for 16 years, most recently for the accounting firm KPMG's Washington National Tax office. You can find her on Twitter, @KarlaAtWork.