Derogatory Language/Is it Harassment if you are not present?

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AJasinski

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I work for a business in IL that has 15 employees including the 2 owners. They live out of state, but pay themselves a salary. My husband and I are both employed by this business and hold a manager position (equal status). The owners and ourselves have been playing a tug-of-war with hiring/firing responsibilities because the owner is concerned about us doing so within the confines of the law.

There have been several issues with an employee entailing a poor work ethic and a bad attitude. He is unhappy that as a long term employee, he has been experiencing an enforcement of in place rules, along with the rest of the staff. A meeting was held just under a month ago to make sure everyone was on the same page. There are several write-ups over the last six months, though nothing too severe, but he probably would have been fired elsewhere already.

Recently, he was badmouthing myself to a new employee, and in the process called me a very unacceptable and derogatory name that would not usually be placed on a male. The "receiving" party relayed this exchange to another co-worker, who then came to my husband (the manager on duty).

The manager then confirmed the incident with the "receiving" party. I have already found it uncomfortable dealing with this employee and have brought it to the owners' attention and have been directed to try to work it out with this employee. This incident was brought to the attention of the owner and I have been told I have the power to fire any employee as long as it fits the confines of the law. However, it's also been made fuzzily clear that the owner feels he is under a lot of stress and will probably mess up on his own otherwise.

He has continued to also spread falsehoods to fellow employees, all the while being careful not to be directly disrespectful towards me.

So, is this enough to fire him on it's own? When backed with other write-ups? Does it even count as harassment? Should I be forced to wait "until he hangs himself" otherwise?
 
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