Problem Employee

carolyn728 · November 2008

I need some advice on a problem employee that is basically making for a hostile workplace by continousley making false accusations against her supervisor, making her peers feel very uncomfortable from constant complaining that she "suspects" her supervisor is stealing, that he doesnt do his job etc.
He is a very good supervisor that has proven himself over and over, this employee goes so far as to say that he is having "affairs" with one of his staff. She is relentless, she tells other staff that HR does not follow through with her complaints when in fact they are , but she doesnt understand that the results cannot be shared with her.

Other staff under this supervisor have no complaints about him, they say he is a great supervisor, however the problem staff will come with hearsay saying that other staff are complaining about issues with this supervisor, however when asked they say hes a great supervisor. After numerous discussions with her about the constant complaints and that her constant complaining is making the workplace undesirable for others ... its borderline harrassment.

Today I have sat down one by one with the other staff at the site and all are consitent with the issues that this one staff is causing.

My thoughts are that it is time to move her out of that site, give her a written warning and move her to another ;postion equal to hers, but with a different supervisor

Your thoughts?

stilldazed · November 2008

If you've done your due diligence, investigated concerns, confirmed that no complaints are coming from others, and confirmed that there is no basis for this one's complaints, you really have someone who is not making complaints in good faith. If you have an open door policy, confirm how your policy dictates that invalid complaints should be addressed, and proceed accordingly. I think I would opt for discipline that gets added to the complainer's file and an offer for a job transfer, whatever is available within the qualifications of the complainer. If the complainer chooses to transfer, allow the transfer. If the complainer chooses not to transfer, don't force a transfer but do force the message that unfounded complaints are disruptive and cannot be tolerated.

best wishes.

Paul in Cannon Beach · November 2008

What makes you believe this problem employee will do better somewhere else with a different supervisor?

stilldazed · November 2008

I think the worker will probably not perform any better, worse, or different under a new supervisor. If there is some sort of personality conflict going on, this could be the employer's offer for the employee to continue to work, save the lost expenses associated with turnover, perhaps win some good faith points, and lay the ground work for this worker to re-establish his/her pattern as a complainer under different supervision. It wouldn't take long to confirm whether the problem is this worker or something else. If the worker really has a problem that can be solved (and my instinct tells me he/she doesn't), an offer for transfer will be appreciated. If the worker is the problem (which I suspect is true), he/she won't take the transfer and will raise another disruptive complaint before long. At that point, I would discharge the worker and have the documents in place that a different alternative was previously offered and declined.

POTATO · November 2008

Our harassment policy also includes discipline for any employee who knowingly reports false accusations. False accusations can sometimes be more detrimental than actual problems and it sounds like your problem EE has a history of this behavior. I agree with Paul - why would this behavior change at another place or with another supervisor if EE has done this on numerous occasions without any repurcussions? Good Luck!!

carolyn728 · November 2008

The reason we feel that she would preform better elsewhere is that she had put in for the mgmt postiion at this house she is now in and she didnt not recieve the position and she was uspet that she didnt, so since then she has targeted her mgr, I think she thinks if she forces him out she will then get the mgmt position, which she is not qualified for.

I have determind that because her focus seems to be on constantly compaining about her supervisor and that althought her complaints are unfounded and she has been told so, that if we move her at this time she may seek Whistle blowers.

I have decided to take the corrective action approach first with her, offer a position elsewhere since she seems so unhappy under her current supervisor, closely moniter the site and the staff.
The corrective action will be based on her unproffesionlism with her peers and will not give her a time limit to correct it, it will be immediate improvement and failure to improve will be further consequences up to and including termination.

Any more thoughts?

CarolA · November 2008

Please work closely with your legal counsel. I have found that employees deflecting from their own performance or behavior problems tend to file these types of complaints. They are difficult but not impossible to manage. My approach, is each complaint is investigated and the results (no new findings) shared with the complainant. Also make sure the employee is performing and following policies as expected of any other employee, if not, handle them fairly, as with any other employee and counsel and document. Terminate if no improvement with the performance problems. Its a tough issue and you need legal guidence.

Paul in Cannon Beach · November 2008

I think you are probably handling it in the most pragmatic way. You seem to recognize the situation for what it is. My only advice would be (and you already are doing this) is to focus on documentation so that you can hold this ee accountable later if the pattern of unfounded accusations and troublesome behavior continues.

I'd also be careful not to lump all of her allegations into the "unfounded" basket too easily. Evaluate each one on its merits. However, when a pattern of unfounded allegations emerges and has been documented, you absolutely must deal with that.

davids · November 2008

You need to be careful when disciplining an employeee for making complaints. That's where whistleblower claims are made. Even if the complaint has no merit, the employee may have a claim if she reasonably believed it to be true. I think your appropriate course of action is to require the employee to provide you specifics rather than generalities. For example, instead of allowing the employee to say she suspects the supervisor of having an affair or stealing, have her give you specifics (e.g., what was stolen, when was it stolen, what evidence is there that the supervisor stole it, etc.). You might also counsel her that the supervisor may have a slander claim against her if she is not able to proof her allegations. That usually gives an employee like this pause before she makes further unsubstantiated allegations.

Paul in Cannon Beach · November 2008

What would be the basis for whistle blower protection? I'm probably wrong but isnt that protection generally limited to employees who raise an alert to the employer's illegal activity?

davids · November 2008

You're right, Paul, not every complaint will fall under whistleblower protection. However, many do. My statement was a generality based on lack of complete information. It does depend on what the specific complaints are. It also could depend on the type of employer and whether the employer receives any federal money or is subject to certain federal regulations. General mismanagement (such as not addressing employee theft) could be a whistleblower-type offense in certain situations.

carolyn728 · November 2008

so this is the results:

The employee was given a corrective action along with a training in extent of what gossip is and how it can be viewed as harrassment as well as making a hostile work environment. The corrective action is simply a form that states immediate improvement or the next step could be disciplinary up to and including termination. this seem to go very well and she seemed to understand that if she had complaints she needed to bring them to her supervisor as well as put them in writing.

This meeting happened on monday and by tuesday morning i had a written complaint from a staff of threats made by this same employee that if she "found out"who complained about her gossiping and complaining that she would pay them back and they best watch there backs, she did this to two employees with hours of receiving her corrective action. One employee called crying because she is very intimadated and fears for her well being with this staff's constant threats and complaining.

Todays results were that she was put on administrative leave pending an investigation.

I do not see any warrant for whistle blowers with this, her only complaint that she made on her behalf was against a peer who was throwing ciggerettes on the ground, this was found to be true and action was taken. Her other issue was a complaint she was making on behalf of another employee, that employee explained what her actually concern was and was fiound to be unwarranted.

ANy thoughts?

Paul in Cannon Beach · November 2008

So the employee making the accusations against the supervisor is now going around threatening other staff? Am I reading this right?

I think its safe to say that you will need to take some kind of action. My recommendation would be to term. I'd check through all my facts VERY carefully first. Take your time.

SMace · November 2008

I would suspend her immediately and then figure out if the allegations are true. If you can even come close TERMINATE!!!!!!!!!!!!!!!!1

stilldazed · November 2008

Agree with Paul and Mace. Investigate quickly and thoroughly enough to confirm that the threats have occurred, then terminate if you find them to be even close to true. Otherwise, you have a worker creating a hostile work environment, and you have a duty to the rest of your staff to get that stopped as quickly and effectively as possible.

Problem Employee

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