Quick Response Please
njjel
1,235 Posts
One employee claims another shoved her purposely. these two have a history of dislike for one another. The one ee has put the incident in writing to upper management, stating she feels this is a physical threat to her and wants "something done" about it. A third party witness to the event states it was "no big deal". Upper management has asked me to "check into the matter". Any suggestions as how to handle and still come out with both ee's not hating each other (or me or the 3rd party involved in the incident)? We meet tomorrow morning!
Comments
I would get each one of their statements/story. Also ask each if there were any witnesses and get their statement (prefer in writing if they will give it.) If accuror won't give in writing, I would drop until they do.
After talking with each involved, if it looks like a he said/she said, I would just instruct both of them that if they are unable to get along as friends or co-workers of the company, then you are going to ask them to "stay away" from each other. You can say there is no reason why you have to be close enough to even touch each other and that they are to just totally avoid/stay clear of each other. If there is any other type of touching, pushing or aggrevating they will have to be disciplined. (Whatever is the next step.) If the one complaining doesn't want this person to touch her, stay away from her.
E Wart
We DO intend to interview the other two as I stated in my post,however I'm seeking opinions on how others would handle the situation.
Without sitting in on the interview, listening to how and what was said, watching body language and then being able to evaluate the "facts" as presented, the only advice someone here could give would be a lot of what-ifs. This is one of those times that we as HR professionals must use our ability to break-down and analyze the FACTS and make a decision.
As you have been advised, make sure that you have signed written statements from all involved so they can't change their story. As far as I'm concerned, if I didn't see it or I don't have a signed statement, it didn't happen!
So, here's my speech to both of them, seated together in front of me. "My investigation reveals that you did in fact touch her in what she perceived as a threatening manner. That is unacceptable. Wait until I finish. Do not interrupt me. You two for whatever reason do not get along with each other. You must work together. I don't care in the least whether or not you like or associate with each other. That is not relevant to your job here. If both of you want to continue working here, this must come to an end, effective one hour ago. If it has not ended, one or both of your will be terminated. And that includes threats, glaring, rumor mongering, touching, anything that I determine is not conducive to this company carrying out its objectives. Do not test me on this. I asked you to let me finish. Do not interrupt me. Mary, you are suspended from work without pay for two days effective at noon today. You may return to work on Tuesday at noon. If you choose to return, I do not want to get notice that you are continuing this behavior. If I do, you will be right back in here. And Jimola, I will suspend you as well if you go back into the work area and are taking pleasure in this action by discussing it among your co-workers. What I have said applies to both of you. Now, are there questions about what I have said?
A formal complaint was lodged by the staff person, who later also filled out a formal complaint of assault with the local police.
We suspended both for a week with pay while we investigated. Both EEs also ended up retaining counsel for the civil complaint that was threatened. Both came back to work, we wrote both EEs up for their various inappropriate actions, and changed the reporting structure to minimize contact. AFter a couple of months, the staff member resigned for unrelated medical reasons.
My point is, the EE that thinks she was assaulted has other recourse that may complicate this situation. That said, Don's conversation with the two of them had me "Yes Sirring" all the way back to my work station.
My assessment of your earlier posts was that the 'witness' had agreed there was some untoward contact but she 'felt it wasn't a big deal'.
What occurred before the incident? What was being said? Who did what? What was tone of voice? Were they squared off in a verbal argument or what? How close were they to each other?
Describe the push, or the bump or the whatever. Were hands used and if so where? What was said, if anything as the "push" occurred? What was the "pushed" employee's reaction? How did it fit within th eentire cirucmstances?
What then occurred? Did the second employee say anything? Did they remain talking to each other? Did they both leave the area?
What was the first employee's explanation for "pushing" the other employee?
In essence, you need to put everything into ocntext.
It will help determine more precisely what occurred, whether it was intentional or accidental, done in anger or as a violent act, or some other physical act, wherhter it was provoked, etc.
Tehn you can decide whether disicplinary either, or one, or both is apprropriate. But merely saying "one pushed the other" as a summary statement of the incident the other doesn't do it for me as a proper basis for determining if discipline aor any other action is appropriate.
One thing we do here with our "Performance Commitment Procedure" is give the person unpaid time off, to consider things and it requires that they return with their written plan for corrective action. It can be two sentences or a page long, makes no difference. Then if they do not uphold their commitment, they are terminated. If they do not return to work after time off, with the written commitment, they are considered to have self-terminated. This softball approach could probably even be appreciated by Gillian3 and Hatchetguy. x:-)
Marty