I own an auto shop and for the most part, I would not be liable for William McKennon’s
actions when he is not on the clock. Nevertheless, as his employer, I would be liable for his
conduct while he is performing his duties as a mechanic at my auto shop. If I gave William
the power to open and close my shop, tend to customers and perform estimates in my
absence, he would have a general idea of the rules of engagement because I would have sat
with him to discuss the parameters and limitations of this power. William has signed a
non-compete agreement, a non-disclosure agreement and my company’s policy regarding
sexual harassment. This is how I protected my company in the event the William separates
from the company. He would not be able to open up a shop within 1 mile of mine and he
would not be able to discuss how I do business with anyone. Additionally, he knows that I
have a zero tolerance policy for events involving sexual harassment.
William has the hots for men in their early twenties. He subtly flirts with them when they
come into the shop to drop off keys. Some detect this are turned off by the fact that a
member of the same sex is attempting to make a pass, others are okay with it and even flirt
back at times. Irrespectively, he is an excellent employee and I could not use his sexual
inclinations to make employment decision since the Constitution allots him certain
