3 harassment charges

[smily5112]

I work in a secure room with machines, with only the supervisor and custodian ( Spanish speaking )are the only once that have the key to enter,
The Custodian Girls on days, Would always come in and talk to me about her problem or cry to me because her husband lifter her or had no many, I would lessen to her and gave any advice or money, On two occasions I have token her out to lunch for help me out in the with the machines, I never ask for help But I never said no either, Anyway, we where Friends, at less I thought we were. On one occasions a had a empty box with a part in it on the floor by my desk and I was return back for credit, The flowing day it was missing
I want to our company Manager who is responsible of all the custodians and told him about the missing box, he mention to me it could be the custodian girl on days
And I said yeah probably, He told was going bring it up to her Manager, Her Manager came to my office and want me to explain to him what happen about the box and how it went about missing, I told WE thought it could be the girls on days and he said no he don't think she can do that and told me to hold on, he went to get her and both face me in my office and ask me to explain it to her in Spanish, I was upset but I explain the problem again, she got really mad at me and lift the room, Thinking I told on her to her Manager, Now ever since then she would not pick up the garbage bag or only come around once when it should be twice a day. I would call her Manager told him she not picking up the Bags of Garbage, he said he will let her know and send back out to pick up the bags She did this for 2 weeks but I feel she did it out of spike just to get me upset, One day can in to pick up the Garbage because I have just call her Manager, she mad start yell at me tell me; WHY DO YOU ASK ME IF YOU NEEDS SOMETHING PICK UP but she was angry and upset, I told her I dont have to say anything to you and you need to get out, I said this 2 time and then I said you can not serve the devil and god at the same time, ( I said that because she is suppose to be religious).
She thought I call her a DIVIL and file complaint with HR,
Her Chief complaint is ; Harassment and call her a Divil,

Now my question to you, This is the 2nd harassment file on me with HR, does my company have the right to let me go ? or was I in the right.

 

[cbg]

Unless you have a legally binding and enforceable contract that specifically says otherwise, your employer could legally have let you go after the FIRST complaint. You can legally be fired for any reason not specifically prohibited by law.

Google, at-will employment.

 

[smily5112]

Thank you for quick responds, I do have largely binding contract and the contract say you must have 2 verbal warring and one written warring, I got one verbal and one written warring.

my question is;

Is that harassment calling someone Devil ?

I did not says it to her face.

 

[cbg]

A contract is either binding or it is not. You will have to show what you believe to be a contract to an attorney in your state. If you are talking about either an offer letter or an employee handbook, neither of those is generally contractual. There are reasons why it is a very poor idea, legally, to have a progressive discipline policy that CANNOT be varied. Almost always, there is a clause in it granting the employer the right to skip steps at their discretion.

I don't think you understand how the harassment laws work. There isn't a list of, x is harassment and y is not. Just about any statement could be harassing given the right context. But barring that legally binding contract we were discussing, it doesn't matter if it's legally considered harassment or not; nor does it matter whether you said it to her face or not. If the employer finds it inappropriate, they can fire you for it regardless of whether you said it to her face and regardless of whether it is technically harassment or not.