"Managers Who Should Know Better"

Tracie

I am needing some guidance on at the very least doing some damage control and who knows what else. The situation is this: A "status quo" employee alleges that he hurt his back last May. Although the Mfg. Mgr. had some concerns about the legitimacy of the claim, the bottom line is that we couldn't disprove it either. Employee had some degenerative disc issues and alleged that his injury aggravated his condition. The Company did what was right and provided medical care. He had 11 lost work days and has had 78 days of restrictions. The employee has been through physical therapy and completed a work hardening program. This last Monday, he was released by our Company doctor to return to his assigned area with modified restrictions that will likely be deemed permanent and he will undoubtly receive a disability rating. The problem is that the Mfg. Mgr. had a conversation with employee on Tuesday inquiring how he was doing, etc. and then proceeded to tell him that he will have to get his production up or he'll have to do something with him. Employee took offense and called our WC carrier and told the claims agent about how the manager said he was going to have to fire employee etc. and how he really wants to work but that he does have limits, etc. Needless to say, the WC carrier calls manager and tells him that he needs to reassure employee that the Company has no intentions of terminating his employment. That conversation took place but employee found that meeting unsettling as well and asked for a meeting with HR which was me. In our meeting, he told me that the manager's demeaning comments have been ongoing since his injury. I asked for specifics and he gave me the instance of when he was on modified duty and was doing inventory. Mgr thought he was going too slow and made the comment that "even someone in a wheel chair can do it faster". This appears to be just the tip of the iceberg. He shared with me that he had been documenting everything and that anyone else would be suing for harassment. I asked him if I could see his documentation so that I had some concrete examples to discuss with manager. He said he would organize it and bring in on Monday. I promised employee that once I saw the documentation, I would go visit with the manager. Later, I met with mgr. and asked him specifically about the "wheel chair" comment. He readily admitted that he probably did say it. I told him that employee had given me a name of a witness who was there and could verify it. He said he screwed up but that he got "pissed" off and said what was on his mind. I told him that as the mgr. he has to control his "pissiness" and use self discipline. I asked if he could think of anything else that the employee might have documented. He was not sure. So any advice out there. Right now I am waiting to see what the employee will bring in. I have put the mgr. on notice.

System

Sounds like you're on the right track. Should be OK if you keep the employee and get his boss off of his back. I don't know whether your state's workers' comp law requires you to accommodate his impairment. You'd have to ask a lawyer in your state.
[url]http://www.hrhero.com/findanattorney.shtml[/url]

I assume he's not disabled under the ADA.

James Sokolowski
Senior Editor
M. Lee Smith Publishers

Tracie

No, employee would not be covered by ADA at this time. In regards to accomodating his "permanent restrictions" we believe that we can. And from a broader perspective we are trying to implement some of the recommendations from the physical therapist, who actually first hand surveyed the employee's job and work area, shopwide as some of the recommendations just make good business sense i.e. team lifting etc.

Gillian

You are on the right track. You might want to tell the manager that the time he thinks is being wasted now in terms of the employee not working to what he thinks is proper will be nothing compared to the time he will personally spend in preparation for a lawsuit, talking to attorneys, depositions etc. if a lawsuit is filed.