Employee Rights HELP!
MsFiscal
3 Posts
I am a new fiscal director for a non profit. I inherited a problem employee. Specifically, this year our organization held an annual mandatory training out of state. We are a national organization and our employees rarely meet each other face to face. In order to be more efficient, build better business relationships, and squash some negativity the directors of the org. decided to hold an annual staff training. All travel and hours paid for by our organization during the work week. My employee refused to attend stating that when she was hired over 5 years ago that she was not informed of any travel requirements. She was reprimanded (written) and given leave without pay during the training that EVERYONE else attended. She is now threatening to sue. She also refuses to use email and computers. Again, when she was hired she was able to accomplish her job without the use of the computer. However, now that I am in charge, I want all of my staff to be computer literate and be able to cross train, I also really need to be able to communicate via email. All other employees of the organization use email communications. She says that the mouse hurts her eyes and she will not stare at the computer all day. She has told everyone in the organization that she will sue if "forced" to use the computer. What recourse do I have as an employer? Can I update job decriptions of my staff to include travel to mandatory training and mandatory email communication? What is the best way to approach changing job descriptions of long time employees?
Comments
WHile this is going on I would sit down with her, and review what you have indicated are your requirements for your employees. Don't let her get started. Explain that she has shown she does not want to grow and be part of the team. She can choose that route. You can also choose to terminate her employment if she contiues this way. I would outline the points made and document the meeting with anther present. She will undoubtedly refuse to sign any documentation from the meeting.
I would then move forward, if she does not change her behaviors I would document & discipline until I was to the point of termination. Then I would terminate. Put some extra effort into the documentation. She will show it to any lawyer she tries to hire. If you bury her with it, showing you gave her every chance to change, and she refused, she may not even get a taker. Don't let the threat of a lawsuit prevent you from running your business.
My $0.02 worth.
DJ The Balloonman
You cannot go by what was the job description 5yrs ago, things change, procedures change this ee has to be able to change with it. I agree all the job descriptions need to be updated.
As far as using the computer, as long as the ee receives the proper training and is willing there is no problem.
If this is not the case document the disagreements to this and use disciplinary procedures up to termination.
Tomorrow morning she needs to be given the word to get on board before the close of business or by close of business she is to have her desk cleaned out and ready to receive her replacement who is willing to become a team player. Pay her nothing but her earnings for the last work period, show her the way out the door, and move forward without her.
Put your orders in writing and give it to her with someone present as a witness that she was provided the mandate. Ask her to sign and date your copy which acknowledges she got the document. Don't in your letter accuse her of anything, just lay out your expected behaviors of her, we call it an "action plan for changed behaviors required of an individual employee". The matter is no longer up for discussion and your expectations are not negotiationable and are not to be questioned!!
Good Luck!
PORK
An organization has the right to change its policies, hours of work, duties, pay, etc. to keep pace with the time. Employees who cannot or refuse to change with the needs of the organization have no place in the organization.
If she mentions the word lawyer to you, hand her your business card and say, "Here, please, give him my number, will you?"
The advise given by my fellow HR pros is just right. If your five year employee refuses to adapt, it is her problem not yours.