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Does anybody know?

HRisMyLifeHRisMyLife 2 Posts
in HR & Employment Law Vote Up0Vote Down
Hi everyone. I have a question that has been posed to me. I work in a staffing agency, where we frequently have "temp" staff call off for whatever reason, you know the deal.

Well, one of our office staff told an employee who was calling in to essentially, "get over it." He was less than kind about it. Now, I know he wasn't professional and polite, so we have that issue to contend with. But, my question is, does anyone see any federal or state statute that this temp could claim he violated? We staff medical employees, so I was wondering if there wasn't any violation of compliance with the OIG (office of inspector general) recommendations that she could claim? We have a compliance officer to deal with such issues, but I was wondering if anyone knew if there wasn't a more serious violation going on here?

Thanks in advance for any replies or thoughts.
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Comments

  • 5 Comments sorted by Votes Date Added
  • GillianGillian 885 Posts
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    Without knowing what the issue was that led to the "get over it remark" I don't think anyone will be able to tell you if there might a problem.
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  • CroutCrout 1,238 Posts
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    As Gillian said, you need to supply a whole lot more information. Was the person a true employee, or one of the temp people you referred to? If it was temp calling in, and your guy was rude I don't see any real issues here. If the temp makes a complaint, have your guy apologize, but that should be the end of it.
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  • Don DDon D 9,834 Posts
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    I can't think of any circumstance under which a comment of 'get over it' would violate any law, regardless of the type employee you're talking about. It doesn't seem to be discriminatory - she's probably equally rude to everyone on occasion; doesn't seem to have any sex, race, religion, handicap or age overtones; doesn't seem to be following anything like an FMLA denial (who knows). About the only thing that might fit would be an employee being told 'get over it' after notifying you of sexual harassment. If I had a dollar for every time I've been told to get over it in my life, I would have Gillian's money!
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  • GillianGillian 885 Posts
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    Where should I send the $1.98? Actually don't tell me, I'm not going to send it. Don is correct, the only possible problem in this scenario is if the rude employee was telling the other "to get over" something that is illegal. Then there would probably be joint liability.
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  • CroutCrout 1,238 Posts
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    Unless he said "get under it," which could mean a variety of things.
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