potential harrasment ?

This a multi issue item, I believe but I would really like to have your input on this one.

The scenario is, employee A has been, and mentioned having heart troubles, but as of yet no directive from the doctor for lessened work schedule, only that she reduce her stress. She also has been losing effectiveness in her position, due to it being a technical support position and her skills not keeping up with the customer needs. Then a few days ago, she goes to a co-worker's computer and sees an Instant Message between two co-workers, complaining about her. She says she is devastated and took it to her supervisor. She asked to no longer work in that department, as she acknowledges she is no longer technical enough , and she cannot work with the two employees any longer. She made a list of things she could do, and would like to do only those things, which would help reduce her stress and take her about 85% out of contact with those two employees.

Her Supv. believes we can change her duties around, move her back down to a level of support she can accomplish. My worry is, as we change her duties, for her comfort and by her request, we don't make it look like we retaliated against her for coming to us with a complaint. She will be losing her commission on the support contracts she used to solicit and support, so it will look bad on paper. She is put back in a position she rose from and given less pay.

I am also concerned that we don't codle her now and not expect a certain level of performance in the position we are going ot create for her.

I know I have left a lot of my thoughts/ideas out but I was trying to keep this sort of short.

Ideas?

Comments

  • 9 Comments sorted by Votes Date Added
  • My gut reaction is that if the EE asked for the change in duties, you are essentially accomodating her request. I would make it rather clear with her that if the company grants her wishes, a cut in pay/demotion would accompany them.

    Have her state her request in writing, and have a conference (with witnesses) where you discuss what effects a transition of this kind would have on her pay and level in the organization. Have her sign off on the changes, and I'd say you're OK.

    Good luck!
  • Agree with NeedsCoffee's assessment. Get it in writing that this is based on her request due to the demands of the current position. You are then accomodating her request to transfer to a different position that better suits her skill sets.

    Seems that there may be a performance issue lurking here as well in that she isn't able to keep up with the essential functions of her current position.

    Unfortunately it's human nature to complain especially if people don't believe that team mates are carrying their fair share of the work. Not sure I would define it as harassment unless the comments are directed at her based on being a member of a protected class.
  • Both Coffee and Beam have valid answers. I also would not look at this issue as harassment.

    I would absolutely ask her to make her request in writing and attaching the list of things she can do to that request. At that time I would indicate that the company would consider reassigning her to a less technical position with a pay scale to match.

    When the company decides on the job and the rate of pay, she should also be told of your expectations in performance and productivity. It is important that you make it clear to her that this is a regular job with responsibilities not just a fill in to keep her busy.
  • Should we consider her medical condition seperate a issue until she has something from the doctor?
  • I understood you to say you had something from the doc about reducing stress. Didn't he indicate that she has a medical issue at that time?

    Or, are you just assuming that since her work performance is lagging, she has a medical issue?
  • She told her supervisor she is having chest pains and may need to be on medication. She has not presented us with any medical documentation at all.

    My question is, isn't her medical condition, and the fact she cannot fulfill the skills in the job she is in, 2 seperate issues? Her medical condition will not change in a differnt job, necessarily. Support tends to be a stressful job.

  • Whoa! I would not make any changes without proper certification. Just because an employee tells you that their doc says they need a job with less stress does not a make it so.

    At this point I would look at her work performance and take it from there.

    If I had an emplloyee claiming chest pains, the dear child would be in a cab or ambulance on the way to her doc or nearest emergency room.
  • Focus on the behavioral issues and leave the heart condition aspect out until evidence is provided that there is any link.

    In many ways, the EE has done you a favor by suggesting a solution that 1) addresses some of your existing performance concerns 2) reduces her stress and 3) reduces her contact with the coworkers she is not getting along with.

    Make sure you have solid documentation of the past performance slipping and then proceed with the position change. Document everything along the way and have the EE sign off.


  • If you make the changes I would also make it very clear that this is not on a trial period it is a perm. change. She can't decide she isn't happy with the change in 1-2 months and request to go back.
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