Employee Feels Threatened

5560905 · April 2003

A few weeks ago, two employees were involved in a difference of opinion. Both acted unprofessionally. The male employee became loud and yelled at the female employee. She made faces and taunted him which only exacerbated his anger. Witnesses to the confrontation said that he was yelling to make her understand his side of the issue but she refused to listen. After his initial outburst, he walked away. He apologized to her the next day. She accepted but would not shake his hand. She now states that she will not work on a shift on which he is scheduled as she feels threatened by him. Witnesses to the incident - a female employee and a male security guard - stated that the male employee was loud and inappropriate but that he never made any implied or direct threats or gestures toward the female employee. He was counseled, issued a written disciplinary warning and we have had no other complaints about his behavior. The female employee was recently scheduled on a shift with the male employee (the manager had no other options) and she refused to work (the manager had to work in her place) and stated that if we cannot guarantee that she will never have to work with him again that she will resign - because she feels to work with him would place her in harms way.

We want to accommodate her wish, but we are a small company and it is difficult for us to guarantee that their paths will never cross again.

I have recommended conflict resolution and anger manangement training for both employees. What else can I do?

I don't want to lose either employee but do not want to place myself in a position of legal liability because she feels threatened. Neither can I allow one part-time employee to dictate the work schedules of the rest of our staff because she feels she cannot work with one employee.

tbehan · April 2003

would suggest to her that this past issue is over and done with. Remind her that you employ her to do a job. If she opts not to perform that job, you will accept her resignation.

Sunny · April 2003

I would suggest you be very, very careful. I may be cynical, but it sounds to me like the female employee is already planning her lawsuit. I would document the steps you took to resolve the conflict and to counsel and discipline the male employee. I would also document all efforts you make to keep the two apart. If at all possible, I would never allow the two to be alone together. Again, I may be over-cautious, but it sounds like she is inflating her fear to lay the groundwork for a suit.

Good luck.

Bizee1 · April 2003

The female ee should have also been disciplined. She participated, albeit differently because she was not raising her voice. I would also ask her to be specific regarding how she feels threatened - in what way? On the surface it looks like the male ee extended the olive branch and she is refusing to accept it, therefore making more of the situation than is warranted. If you are unable to accomodate her wish to not work with this ee, and she continues to behave unprofessionally, show her the door.

SDDCHR · April 2003

It may be that she is preparing a lawsuit but from what you've stated, you've done everything you could to remedy the problem. The courts would first look at what is reasonable employer conduct. This is identified as (2)the employers care to prevent any harassing behavior and (b) reasonable care to correct any harassing behavior. Before that, the courts will determine how severe and persistent the harassment is and how effective the employers response was. This includes the timeliness of your investigation and your remedy to the problem. They will then determine if this is sufficient remedial action. This would include reprimands, suspensions, transfers, and terminations. I guess the point that I'm making here is that you've done exactly what you're suppose to do. Advise her that you have taken corrective actions and that this will not happen again. You can't accommodate anymore then what you have without placing a hardship on the employer. Tell her to go back to work or her resignation will be accepted. Make sure you have all documentation of the witnesses and steps to taken to resolve the problem. Also, make sure your Anti-Harassment Policy is understood by all. If you don't have one you may want to develop one!

Employee Feels Threatened

Comments