Another supervisor problem
LindaS
1,510 Posts
Let me begin by apologizing if this becomes a little long winded but I want to make sure you have enough background to provide some assistance...
We have a supervisor who has been with the company 30+ years (although not all that time in a supervisory position). He has a problem with "weak women" and by this I mean women who do not "stand up to him". Other employees have stated that when he finds a weakness, he "plays" on it. There are several women who have been put to tears because of the way he talks to him.
Although I have only been with the company 1+ year, I have found notes dating back to 1998 regarding these same type of problems. In February we made the decision to mandate he went to our EAP for supervisory training and if he refused, he would be terminated. Needless to say he went but simply "went through the motions". At that time he was also told, verbally, that any more instances of harassment would result in his termination of employment.
Yesterday I had another female employee in my office in tears regarding him. According to BOTH their stories, he went to her as she was walking back to her workstation dangling a watch in front of her and said "Here, I bought you a watch so you know what time it is and can tell when your break ends so you can get back to work". Because of other things he said to her, this reduced her to tears.
Here's the problem - at the last meeting, although documented, nothing was provided to him in writing regarding the fact that he was on a "last chance" so I'm wondering whether we should keep him on and provide him a another written last chance or go ahead and terminate and let the cards fall where they may.
We are in an at-will state but this individual is 50+ years old and has told me, in no uncertain terms, that if our company does ANYTHING he doesn't like we will be faced with an age discrimination suit. I know he has already seen an attorney because he has told others about it. Obviously we aren't going to keep him on simply based on his threats but I want to make sure we have a solid case when, not if, we receive the notice from the attorney.
I feel like we have a bomb waiting to explode - either we keep him and one of the female employees file a harassment claim (and they have enough documentation for it) or we face an age discrimination claim if we terminate him without enough solid documentation.
What would be your advice?
We have a supervisor who has been with the company 30+ years (although not all that time in a supervisory position). He has a problem with "weak women" and by this I mean women who do not "stand up to him". Other employees have stated that when he finds a weakness, he "plays" on it. There are several women who have been put to tears because of the way he talks to him.
Although I have only been with the company 1+ year, I have found notes dating back to 1998 regarding these same type of problems. In February we made the decision to mandate he went to our EAP for supervisory training and if he refused, he would be terminated. Needless to say he went but simply "went through the motions". At that time he was also told, verbally, that any more instances of harassment would result in his termination of employment.
Yesterday I had another female employee in my office in tears regarding him. According to BOTH their stories, he went to her as she was walking back to her workstation dangling a watch in front of her and said "Here, I bought you a watch so you know what time it is and can tell when your break ends so you can get back to work". Because of other things he said to her, this reduced her to tears.
Here's the problem - at the last meeting, although documented, nothing was provided to him in writing regarding the fact that he was on a "last chance" so I'm wondering whether we should keep him on and provide him a another written last chance or go ahead and terminate and let the cards fall where they may.
We are in an at-will state but this individual is 50+ years old and has told me, in no uncertain terms, that if our company does ANYTHING he doesn't like we will be faced with an age discrimination suit. I know he has already seen an attorney because he has told others about it. Obviously we aren't going to keep him on simply based on his threats but I want to make sure we have a solid case when, not if, we receive the notice from the attorney.
I feel like we have a bomb waiting to explode - either we keep him and one of the female employees file a harassment claim (and they have enough documentation for it) or we face an age discrimination claim if we terminate him without enough solid documentation.
What would be your advice?
Comments
As long as you have notes and information (document verbal warnings)
including written warnings, he has no proof of Age Discrimination.
I agree that this is a negative personality trait of his and that he is showing no signs of changing. Is there written documentation on is "force" to go to
EAP??
If you do not already have an Employment Attorney - now is the time to consult with one. In the future, I'm sure that now that you are there - any such incidents will be documented properly.
I agree with Don. This supervisor sees his 30+ years and his age protection as some kind of immunity from legal employment practices - like creating a hostile work environment. Does he treat male employees the same way? Looks like you'll have a law suit if you don't get rid of him. I hope you have the backing of other upper management.
Good luck.
"Sam"
In absence of that, I would prepare one now and note on there what steps have been taken in the past, the expectations going forward along with "check-in" dates with his supervisor. On the list of consequences, would clearly spell out that continued behavior of this sort will include further disciplinary action up to and including termination. Include in this that retaliation of any sort will not be tolerated and will also be grounds for dismissal. In this scenario, would recommend a witness as he may refuse to sign.
With behavior patterns like this, the probability that he will violate it should present itself shortly. As such, you then have a clear-cut defense for a future lawsuit and protect your employees as well.
I would take 30 seconds to terminate him (before the end of the shift), then have him escorted to his desk for his personal stuff and then walked out of the building. If you have secuirty, all the better, have them there too. Let him know what it feels like to be humiliated.
You may also want to conduct an internal investigation and get signed statements from the employees he's "reduced to tears" and any witnesses. I would also go as far as contacting ex-employees for their statements. By performing this investigation you not only give yourself the documentation you need in defense of his termination but you may be able to head off any hostile work environment suits from the women in your employ. At the very least, if you do get hit with a suit, you'll be able to prove that you took appropriate action.
My .002 worth. Good luck.
LFernandes
Sometimes we err in the hope of having the perfect documentation for every situation to protect us from being sued rather than looking out for the people who look to us for support and protection. This I think is that situation.
my .02
Stuart
If you give him these statements, he will probably escalate the abuse and there will be an intolerable working situation between the supervisor and these employees.
Lfernandes
Again just my thoughts I could be wrong,
Stuart
DJ The Balloonman
LFernandes
Linda,
Let us hope that the problem supervisor will fire himself by tendering his resignation when he gets back from vacation.
Eva
PS I have asked our prayer brigade to say a special prayer for you.
And yes we had enough documentation and yes she sued anyway and no she did not win, but yes it cost the company lots just because the process was long and tedious and of course lawyers are not cheap.
Just my little say!
The supervisor has returned to work but has been very ineffective regarding getting work out on time, etc.. He has refused additional training with our EAP provider although has agreed to attend a management conference at the end of june. Based on his performance the past couple of weeks, we (upper management) feels that he will not be here at that time and we will send another supervisor in his place. This supervisor refuses to speak to me and will put things in my mailbox, which is attached to the front of my door, instead of coming in and handing it to me (I can see him do this through the window). Very childish!!