Nasty Situation

Rockie

We have a rather nasty situation that we feel will occur with someone returning from FMLA on Monday, the 7th.

This person is a nuclear tech who has created lots of issues in the few years she has been with us. The issues are so bad that she cannot work in several of our offices. Just before she went out on FMLA, pregnancy she created an issue with another tech in the office where she was assigned to work which was so bad the other tech was constantly with from stress, etc. This person was assigned to work between two offices until she went out on FMLA. Neither office would allow her to work there on a permanent basis.

Now that she is returning, we do not have any where she can work enough hours to get in 40 hours. If she could work at every office, there would be no problem in getting full time hours.

We can work her at least four days a week and sometimes 5, but cannot guarantee the 5th day. An office we were contracting with that she could work in is not using her right now. Otherwise, she could go to that office for the 5th day.

How would you handle this type situation? She has created the issues herself where she cannot work in every office, so I don't feel we would have a problem here.

This is a situation I haven't encountered before, so I want to tread cautiously. She is a litigious individual who should have been terminated a couple of supervisors ago because of her bad behavior towards others.

Thanks for any advice or insight!!!

LarryC

[font size="1" color="#FF0000"]LAST EDITED ON 07-31-06 AT 02:33PM (CST)[/font][br][br]Is the reason she cannot work the 5th day because of a business slowdown, or because she doesn't "relate" well? If the former would have been the case whether she's on leave or not, then you have every right to cut her hours. If it's the latter, you still may have the right to cut her hours provided you are well documented as to her "issues".

If you feel that you don't enough to go on to get rid of her, here's an idea. Bring her back and schedule her to the different offices as if she is a model employee. Get ready to document and then do so as she self-destructs.

She sounds like a real witch! As an additional thought, when she comes back, tell her, "I'll get you, my pretty!"

Toto

Larry,
As someone from Kansas named Toto, I can't help but be afraid ... knowing what the rest of the quote is. :-S

Also, I have been on the Purina Diet for years but the side effects can be embarrassing.

HRCalico

Not knowing a thing about your standard work days, could you have her put in 4-10s on the four days she does have a place to go?

Otherwise, I'd say Larry's suggestion is the way to go.

LindaS

When you say she "cannot" work in several offices is this due to her behavior? Has it been documented? Has she been given any disciplinary actions in accordance with her behavior?

If the answer to either of the last two questions is "no" I don't think you have much choice but to assign her work in the various offices until her behavior gets to the point that you can document and discipline accordingly. If you fail to bring her back to a full-time position without adequate documentation regarding WHY you do not have enough work you will be facing an FMLA retaliation charge.

My suggestion would be to talk with the individuals in the various offices, explain that this person is being assigned to work there and instruct them to let you, or whoever the appropriate individual would be, know of any unacceptable behavior. Once that occurs, be very vigilant regarding discipline and once you get to the point of termination, follow your procedure accordingly.

Anything short of that will most likely land you with a retaliation charge and at this point it doesn't appear that you have anything to use to fight this.

Rockie

Yep. We have lots of documentation why she cannot work in different offices. We also can show where she was milking the clock when she was working in her last office before going out on FMLA. Since she has been on leave, that office has worked efficiently and smoothly with no personnel issues.

This is going to be a problem no matter what way we go with it. If I bring her back to her old office, we will have people that will quit...if I don't bring her back, I am sure she will attempt legal action.

One saving grace...if we are forced into reinstating her in her old office, it's only a matter of time before she creates issues again and will self destruct.