What would you do?

Balloonman

Employee "A" gets upset with employee "B" as he believes he is spitting chew on a finished concrete floor. He then tells the employees that it will stain the concrete. Employee B expresses disbelief that the tobacco spit will stain concrete. Employee A says give me your can of chew I will show you. He takes the can, takes a big dip, works up a big wad of spit then walks up to employee B and spits on his shirt. Rubs it in and says "Now take that home and have your wife try getting that stain out".

I am just curious as to what you would do in this situation. Employee A admitted to it basically as outlined above.

My $0.02 worth.
DJ The Balloonman

LindaS

What does your disciplinary policy call for? If this were my employee, he would be looking at a MINIMUM of 3-day suspension for this.

Leslie

And employee B didn't knock him out? My policy gives me leeway with suspensions for incidents like this for up to a month. I'd say minimum 5 day suspension. If there are any previous write ups for aggressive behavior, I'd say he's a term.

HR in CA

Call out the HazMat crew to clean up the chew. If employee B did spit on the floor, write him up. Employee A 3-5 day unpaid suspension.

SMace

I agree with ohthers. If you have a policy against smokeless tobacco I would follow it. Absent a policy, I would make one and start with counseling "B". I would suspend "A" and if he had any prior incidents such as this I would strongly consider terming. If not bring him back last chance.

mwild31

[font size="1" color="#FF0000"]LAST EDITED ON 08-20-03 AT 04:00PM (CST)[/font][p]After a private little chuckle at A's response to B, I would get to work:

Talk to employee A and let them know that when issues like this pop up - talk to the supervisor first and let them handle it - as by not doing so can/does/lead to misunderstands and confrontations such as described.

As Employee A was the aggressor - I would look at my policies and see if the behavior qualifies for "misconduct resulting in immediate dismissals". If it does, I would terminate. If it doesn't, I still may terminate under 'at will' if Employee B can not continue to work with Employee A (recurring nature of hostilities) and there isn't a transfer position available for Employee A. If B can continue to work with A and we decide not to terminate (isolated incident), I would write A up and suspend for 3 days.

Just my thoughts....

Balloonman

Don, Crout where are you two?
Construction workers were working in an incomplete building. So not very unusual to have workers chewing and spitting. Gross but not an issue. The spitter, is a in a supervisory roll, and can be difficult to get along with. He also has been giving the employee he spit on a consistent hard time since they had a falling out over a side job.
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DJ The Balloonman

SMace

The person who spit on the shirt is a supervisor? With past history of being difiicult to get along with? Absent any positive information that MIGHT change my mind, I would term him.

I would not discipline "B" because you say it is not an issue.

However, if it is not an issue why was it with this supervisor? Because he had a falling out on a side job? Not the qualities you want in a supervisor nor the qualities you want to condone.

Balloonman, you are quite versed on safety, what about bloodborne path issues?

Balloonman

Honestly I have not even thought about that.............. but I know the spitters medical history, NONE of use would want any of his bodily fluid touching us. #####, not good.......... still half shocked over the whole issue that someone would be that stupid. I also do not consider this behavior in the scope of employment.
Now a new issue.....this day sucks.
My $0.02 worth.
DJ The Balloonman

HRsage

I'm sorry, but spitting on another person just crosses the line for me. Our policy gives leeway for any act of rudeness towards someone else can be grounds for dismissal and spitting is just foul. If it were me, and he has other issues with the company I'd be fine terming.

Don D

I am assuming this is not a riddle in which Balloonman is either employee A or B. Given that, the first thing I would do is assist employee A in regaining his 'sea legs'. It can be quite disquieting regaining one's balance alone after he has been cold-cocked and is in a prone position on concrete, so he may need assistance. Seriously, I would treat this the same way I would treat any violation of our policy regarding threats and violence. He would be treated as if he had struck employee B or had threatened to assault him. That would mean somewhere between a three day suspension and immediate termination, depending on a full investigation of the hostilities involved. The fact that he is a supervisor doesn't mitigate the situation; rather it ELEVATES the consequences to those more harsh. It matters not what the circumstances were or that it was in a construction zone. It was at work and they are employees and you have rules, or so I assume. Sorry I'm late in responding. Hope you aren't waiting for my response to take action. x:-)

Leslie

Oh you held out on me Balloonman. A supervisor who is hard to get along with spits on an employee while chewing the employee's tobacco and then rubs it into his shirt because he's pissed about something that is not work related?!?! I feel an old Tammy Wynette song coming on. D-I-S-C-H-A-R-G-E...oh wait, that was D-I-V-O-R-C-E wasn't it? No matter, in this case pretty close to the same thing x;-)

Balloonman

Well I did terminate him. I however had two people indicate they would not and might just suspend which is why I wanted to see what the wise participants of the forum would say. Fact is, he is extremely lucky to have his teeth right now. How the employee kept his temper in check is beyond me. Many of my employees, indicated they would have beaten the hell out of him. Honestly I would not blame them.
Was very weird situation in that he admitted to it, all witness and those involved told a similar story (that is rare) but it was at a remote jobsite and teh spitter in question had a company van with tools. I was going to have him meet me at the end of the day but he called and kinda pushed the issue. I ended up terming him over the phone, which I do not like to do, but based on the situation had no choice.
I fully expect him to be at the office today. x:D He said he wanted the tool inventory done with him present, but then never showed yesterday.
I am curious what today will bring.
My $0.02 worth.
DJ The Balloonman

PS Thank you all for your input, it was appreciate.

Don D

Good move. As my son would say, "Smooth maneuver Goober". Can you say that six times?

Crout

I just saw this post, and having worked in the construction industry I'm amazed that this guy is still walking around.

judy matt

I agree! I would definately suspend 3-5 w/o pay, and put on probation for another 6 months. We have zero tolerance for such behavior. Glad I don't work with the individual!

Judy Matt

Cotterwood

Holy Cow!!!!!!!

I completely agree with SMace. If things get any nastier, the 'recepient of the chew' could take it a step further and charge the supervisor with Barry. Once you make physical contact with another human being - it becomes a battery charge. DON'T LET THE DOOR HIT HIM ON THE WAY OUT! We have a voilence in the WorkPlace Policy that stipulates immediate termination upon physical contact.

THEN DEVELOP A POLICY ON 'CHEW'. It's a pretty disgusting habit that not many people appreciate, even men, but may not feel comfortable about voicing their opinion.

Cotterwood

Ooops!
Little typo there!

That was "Battery", as in "assault and battery".

Balloonman

Question for you Cotterwood................
If the employee who was spit on would have knocked this guys teeth in, would you let him go? Myself, I would have disciplined, probably a 1-2 day suspension but would not have fired the guy.
My $0.02 worth.
DJ The Balloonman