Possible Quid Pro Quo

LFernandes

Hi Everyone,

This one was dumped on me as a left for the holiday: x:'(

On Wednesday, I was told that one of my supervisors is dating one of his direct reports. He brings her flowers and they go and leave for lunch together. I was also told that she's left her husband. (They are both married)

We have a sexual harassment policy but it doesn't say anything about dating direct reports. The EE in question is a problem employee who I could envision hitting us with a lawsuit down the line.

I think we should talk to our attorney and take action NOW. In my humble opinion, he definately cannot stay as her supervisor.

How would you handle this one?


Your thoughts and opinions are always greatly appreciated!!


LFernandes

Margaret Morford

First of all, I'd meet with the lady in question and tell her that you want to ensure that this relationship is volutary and that she feels no coersion, etc. because he's her supervisor. Get her to sign a written statement to that effect that acknowledges the relationship and requires her to notify you in writing if the relationship ends. Also offer her a transfer to another supervisor of she likes, but do not make her transfer. (The cynic in me says she won't want a transfer because she is getting all kinds of special treatment, including not being written up for poor work performance.) If she doesn't wish a transfer, I'd look at transferring the supervisor. Her poor performance isn't being addressed while they have this relationship. Once it falls apart, the supervisor will address it and you'll be set up for retailiation as well as harassment. I'd also put in a Non-Fraternization Policy that prohibits any member of management from dating anyone they supervise either directly or indirectly. I have one I'll send you if you like. Just e-mail me.

Good luck. This is a hard situation to manage.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

LFernandes

The only positions we have available right now in other departments are entry level techs. Could we transfer the supervisor to that position? It would mean a demotion in title and in salary.

Also, the Supervisor has poor performance and I believe that he is covering up for the EE with respect to missed punches (she punches out and not back in and then doesn't recall punching out), etc. But, we will institute progressive discpline with those.

Thanks for your help.

Lfernandes

Margaret Morford

Unless you have performance problems from him that would cause you to demote him, I don't think you can punish him for conduct that is not currently prohibited (dating someone reporting to him). I'd get her written confirmation that she is consenting to this relationship before you even deal with him. If she denies the relationship, then get that in writing and put in your NonFraternization Policy. Remember, it is the supervisor who needs to be disciplined for violating the policy, not the lower level employee.

If she admits to the relationship and you put in the NonFraternization Policy, you either have the choice of grandfathering this current relationship in or telling the two that they have 30 days to resolve who will transfer to eliminate this conflict with the new policy. Let them work it out. It's their relationship. Don't tell them who has to transfer. I am assuming that you do not have any more of these relationships out there. I also think you should get legal advice before you put in the NonFraternization Policy with this existing relationship in place.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

LFernandes

We've put a call in to our attorney and I've sent a copy of the sample policy to upper management. I'm planning to get a statement from the EE this week. Would it be feasible to change the reporting structure so that she reports directly to the Manager or Director of the department instead of to the supervisor?

>>>If she admits to the relationship and you put in the NonFraternization
Policy, you either have the choice of grandfathering this current
relationship in or telling the two that they have 30 days to resolve who
will transfer to eliminate this conflict with the new policy. Let them work
it out. It's their relationship. Don't tell them who has to transfer.<<<

Since we don't have a non-fraternization policy in place, would we be forced to grandfather the relationship if the only positions open are entry level and would be considered a demotion?

We have one other relationship that we know about between a supervisor (female) and an employee (male). They are in different departments but still in the same building. The EE doesn't report to the supervisor in any way (directly or indirectly). But, when we put the policy in place, I'm assuming that we should get in writing that their relationship is consentual as well.

LFernandes

Margaret Morford

Laura,

Since you've contacted your attorney and I'd ask him/her these questions so he/she can advise you taking into account the court cases that have been decided in your jurisdiction.

With regard to the other relationship that exists, but would not be in violation of the policy, I would not put myself in the business of documenting all workplace romance. If problems develop between them, you just address the problems as they arise. The relationships that I get nervous about are the supervisory relationships where one party has "power" over another. I hope I've made the distinction clear. The NonFraternization Policy should help address these situation going forward, but won't be as much help with the initial relationship about which you were concerned.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

ray a

We have an unwritten policy against supervisors and direct reports "dating". A couple of years ago we had a manufacturing director who started dating a mfg. ee, but there was a supervisor and manager in between. He was counseled to be very careful and since she was not a direct report, we allowed it to continue. But, the VP told the director, in his experience, it never worked out well - but maybe he would be the exception to the rule. Well, long story short, he was accused of favortism - he even tried to get me involved in it. His performance degraded and we terminated him for performance issues. She started having "family problems" with a daughter, took time off and never returned to work. Three days no report and she was terminated.

Sad story, both had been excellent employees prior to that.

LindaS

I agree with the Non-Fraternization Policy but there is NO WAY I would allow these two to be "grandfathered" in. The two employees should be sat down with, either independently or together, and informed that one of them will need to transfer to anothe opening within the company. I know it's unfortunate that one will be forced to take a demotion but I don't agree with allowing a supervisor to date one of his employees. As far as signing the agreement, it may be of some help but not to the extent that they should be allowed to remain in their current supervisor/employee status.

I once had a situation with a supervor and employee, both married to others, who began an affair that lasted for several months. It was only after he (the supervisor) refused to go bail her out of jail in the middle of the night (after her husband found out about the affair and a fight ensued) that she claimed sexual harassment. In completing our investigation we found out he (supv.) would go to the corner liquor store and her her booze during their shift (2nd) and sit in the parking lot drinking together!!! When she was questioned she stated that she was afraid for her job, etc., etc. and we were left with no choice but to ask for his resignation or be terminated.

Bottom line - save yourself alot of time and energy, put the policy into place and do NOT grandfather them in. Let them decide, however, who takes the demotion.

LFernandes

Thanks for all your input. I'm really not comfortable grandfathering these two employees in and would hate to be forced to grandfather them. The department in which they work is one of our "problem departments" to begin with.

I'm waiting for a return call from our attorney now.

LFernandes

Rockie

Believe me, this is trouble waiting to happen. We are a medical facility and there is lots of room for cavorting among the employees, supervisors and physicians. We put in a non-frat policy that no supervisor may have a relationship with anyone that directly reports to them and physicians may not date employees. It is up to the supervisor/physician to let management know of the relationship.

I can't think of anytime I have ever seen a relationship of this type work out, especially if the parties involved are married to other people. What generally happens is the spouse of the female finds out about the relationship and confronts his mate. The mate then gets scared and starts stating that she was forced into this situation. How do you defend this? Same thing with a doc. If an employee gets disgruntled with a married physician, she can always claim that she felt her job was in jeopardy because she wouldn't "submit" to the advances of the doc.

Even when the parties are not married, you still have to deal with the favortism angle, etc. and the fallout if the relationship goes sour.

All in all....not a good idea. The only possible way this may work (for unmarried folks) is for one to transfer to another area or bottom line...find another job.

Always a very nasty issue to deal with!