Is a bad attitude protected?

Paul in Cannon Beach

The NLRA states "Employees shall have the right to form, join or assist labor organizations AND TO ENGAGE IN OTHER CONCERTED ACTIVITIES for the purpose of collective bargaining or other MUTAL AID OR PROTECTION"

In Atlantic-Pacific Construction v. NLRB (9th circuit, 1995) an employer was held to have unlawfully discharged an employee for circulating a letter criticizing the selection of a new manager.

In another case, an employer unlawfully discharged an employee after she and another employee told a third employee about their belief that the employer had refused to hire that employee's child due to race discrimination.

Ok, if you have an employee who seems to stir up trouble, complain (and break) rules, and has a general bad attitude towards work is he protected? Must you allow an employee to be a low-level creator of dissent?

What are your thoughts?

Paul

Crout

My advice would be to deal with it on a case-by-case basis. If he/she breaks rules, then of course you would use your disciplinary process. The EE in question would NEVER, however, get the benefit of the doubt if you know what i mean. I just went through a similar situation with a union employee who would stay just this side of insubordination. He would agree to an assignment, then throw up as many barriers as possible to avoid completing the task. This went on for quite a while and drove his supervisors nuts. I realized that he was being selective in when he would evade a task, and it had to do with the poor relationship he had with a certain female supervisor. The supervisor started charting his task completion for evey assignment and then we started writing him up. It took two write-ups and grievances, but he eventually got the message. By the way, the supervisor was NOT happy. She wanted him booted out the door, which I would not do, given the circumstances. So I was villififed at both ends. Such is HR.

Theresa Gegen TX

Also, one of the keys to these cases is that the activity is concerted. In other words, it has to involve more than one employee (the employee has to get others involved).

If the employee is just complaining for himself, there may be no concerted activity. (But like the previous poster, I would look closely at the individual situation).

Good Luck!

Don D

The day disappeared about 15 years ago when we could terminate a person for 'bad attitude', trouble making and ruining morale. These people know precisely where your bright line is and they will push right up to it just like the ones who know how to milk our policies and programs to their benefit. I would spend my time focusing on performance issues that can be more easily used in your defense of termination. Otherwise you might be guilty of harassing the individual for what is clearly protected activity.