Employee Issue Advice
Melanie
37 Posts
Just thought I'd get your opinions on a frustrating situation. We just received our 9th complaint in 5 years about the same two employees. I'll try my best to explain.
Employee A , hates Employee B, and vice versa.
Employee A is a teacher assistant and a white female.
Employee B is traveling supervisor and a black female.
There is a long standing feud between the two, and I'm not even sure they know what started it.
However, each time Employee B has to go to the site where Employee A is at, this leads to a complaint. Employee A always states that Employee B is harassing her.
Employee A says things like "I said 'Hi' to her and she wouldn't say 'Hi' back to me". Or Employee B will say to Employee A like "You have no education, so you're not allowed to do task such and such". (usually a task that employee A is allowed to do regardless of Education level.
The problem: Usually, most of the complaints we've received over the years, almost always results in one word versus another, and difficult to prove and rarely is there a witness.
Over the course of these investigations, we've discovered that there's an element of truth in each's statement. It also seems that Employee B is doing covert harassment that's hard to prove. Also, we know that each time Employee B could be disciplined for anything at all, she writes to the Civil Rights Commission, and files a complaint against us, so that we cannot pursue discipline for the issue we might have disciplined her for, b/c it would appear to be retaliation.
Also, Employee A complains about such petty things as Employee "B" not saying "Hi", and Employee B making annoying comments about Employee A to the children in the class. We don't want to get the children in the class mixed up in the conflict so we don't investigate these young preschool children.
Therefore, my thought on this most recent issue, this ongoing "won't say hi", "won't pass the butter to my table of children', "Won't let me use the phone to make a business call during class time", etc, - -- I'm wanting to just call them both in for a discipline conference, hear both sides of the story and discipline them both if we feel they were both at fault.
However, my problem is that Employee A filed this most recent complaint as a "Harassment" complaint through her union rep. While, it would never rise to a definition of "harassment" under a court of law, she filed it that way. I know you can't discipline for someone filing a harassment charge, but since this doesn't reach that true level, can I proceed with discipline?
Employee A , hates Employee B, and vice versa.
Employee A is a teacher assistant and a white female.
Employee B is traveling supervisor and a black female.
There is a long standing feud between the two, and I'm not even sure they know what started it.
However, each time Employee B has to go to the site where Employee A is at, this leads to a complaint. Employee A always states that Employee B is harassing her.
Employee A says things like "I said 'Hi' to her and she wouldn't say 'Hi' back to me". Or Employee B will say to Employee A like "You have no education, so you're not allowed to do task such and such". (usually a task that employee A is allowed to do regardless of Education level.
The problem: Usually, most of the complaints we've received over the years, almost always results in one word versus another, and difficult to prove and rarely is there a witness.
Over the course of these investigations, we've discovered that there's an element of truth in each's statement. It also seems that Employee B is doing covert harassment that's hard to prove. Also, we know that each time Employee B could be disciplined for anything at all, she writes to the Civil Rights Commission, and files a complaint against us, so that we cannot pursue discipline for the issue we might have disciplined her for, b/c it would appear to be retaliation.
Also, Employee A complains about such petty things as Employee "B" not saying "Hi", and Employee B making annoying comments about Employee A to the children in the class. We don't want to get the children in the class mixed up in the conflict so we don't investigate these young preschool children.
Therefore, my thought on this most recent issue, this ongoing "won't say hi", "won't pass the butter to my table of children', "Won't let me use the phone to make a business call during class time", etc, - -- I'm wanting to just call them both in for a discipline conference, hear both sides of the story and discipline them both if we feel they were both at fault.
However, my problem is that Employee A filed this most recent complaint as a "Harassment" complaint through her union rep. While, it would never rise to a definition of "harassment" under a court of law, she filed it that way. I know you can't discipline for someone filing a harassment charge, but since this doesn't reach that true level, can I proceed with discipline?
Comments
Richard, all so known as PORK
Anyway,Melanie, you have a situation where two people decidedly do not like eachother. The protected class issue should not be, since both are in a protected class. The examples you have presented of this "harassment", appear petty, in my opinion. But it's still a problem, like a turd that won't flush.
When you meet with them, start by telling them that, unlike friends, we cannot choose those with whom we must work. More like family, we must find a way to get along, tolerate, meet halfway, find common ground, WHATEVER. Remind them that they are educated professionals and, presumedly, mature adults. I wouldn't even hear them out because you will hear the petty bickering that will just make the whole session a very tired and fruitless one. Use the same tone as you would when disciplining children and exaggerate this tone so that they get your "message", that you perceive their behavior as childish. As a closing statement I would even say, "You may go back out to the playground now." I think this stance will be an effective one, being in the child education arena.
I would sure like to know how this one turns out, Melanie. Good luck.
1. You mentioned having evidence of harassment. If you have evidence and it satisfies your company's definition of harassment, you have a responsibility to discipline. Your failure to do so is riskier from a discrimination standpoint than stepping in with appropriate discipline. Keep in mind that while these two workers' conduct may be childish, it is also visible to other workers. You may not be hearing from the other workers, but you can bet they are paying attention. It is your company's responsibility to fair to them also, and I'll bet many of them are in protected classes.
2. With a union rep, there is a union--thus a collective bargaining agreement. Follow it to the letter. If there is a clause for mediation or arbitration, do what the contract says to do. The last thing you want is to fail to execute the negotiated contract and risk trouble with NLRB also.
Best wishes.