New Employee Problem

HCCADC

Today I had an employee resign b/c she stated (in a letter) that her supervisor grabbed her arm and shook her. Today was her second day. She works a split shift and told her co-worker that she would not be returning to work. (she also wrote this in a letter) There wasn't anyone who saw this incident. We are having a meeting with the supervisor to get her side of the story. If the supervisor says that she did not do this, should we continue the investigation or just let the employee resign and let it alone? Unfortunately is goes on what each person says and the supervisor has been with us for over 20 years. Help!

Parabeagle

[font size="1" color="#FF0000"]LAST EDITED ON 08-26-03 AT 10:37AM (CST)[/font][p]This is a tough one. I've had to terminate two long term employees for misconduct so I know what you're going through. Start with your policy. What does it say about employee interaction, aggressive behavior, etc.? You will need to get the ee's side of the story and find out precisely what it was that happened. No witnesses makes it tough, but I would talk to the coworker and find out EXACTLY what the substance of her conversation with the ee was. The fact that the ee documented allegations in a letter might indicate that she was building a paper trail for possible legal action, but I think it would be a mistake to jump to this conclusion. Just find out as many facts as you can and if the ee is uncooperative when you speak with her, you can give her story as much credence as you feel it merits. I would then talk to the supervisor and find out her side of the story. What is her background? Does she have any previous history of physical altercations with employees in the last twenty years? What is her track record as a supervisor and manager of people? What do her employees think of her? I think you will find, unfortunately, that it's going to boil down to credibility and all you can do is gather as much information as possible and make your best call. As far as just letting the ee resign and dropping it, I think that would be a mistake. That might clear the way for any aggressive or inappropriate behavior to continue, if left unchecked. I would continue with the investigation despite the employee's resignation. Just my two-point-five cents worth. Good luck!

Pork

Definately, continue the investigation; check the supervisor's file are there previous incidents of this type? Interview confidently the other ees working under her do, they have any knowledge of this story or any untold knowledge of previous incidents of physical use of hands of supervisor or body parts to get ee attention. It can be rather loud on a manufactoring floor! I could understand the perdicament, if she had a safety issue present in which grabbing someone's arm to get their attention when the noise level is up and ear plugs could have been in when the ee's attention was not focused on the verbal words spoken to get her attention. Given no witnesses to the incident you could offer a transfer, which may or may not remove a potential threat of defense. Given no witness and no other history of negative supervisory skills on the part of the Supervisor, I would move on including letting the ee go and getting another employee in place, as soon as possible. You may get an EEOC complaint, but with a completed investigation you will be able to tell the facts that are available from your case file and the ee will have no proof that the incident even occurred. If it did occur admit it and let the EEOC know about your investigation, your disciline taken in accordance with your policy, and your willingness to work with the ee for re-instatement but to a different position that you may have open.

Good Luck with your presentation in defense, if all is well with your policy and procedures your company may very well come out the winner.

Pork

Don D

Immediately, if not sooner, I would try to get the resigned employee back to the office, into my office. If she would not come to the office, I would go with an employee of her level to her house for a discussion/investigation, but only of course after having her permission to visit. I would place all front-burner emphasis on getting her comments to me personally and directly. Reduce her comments to writing and ask her to sign her statement and have the witness sign as well. Then I would proceed accordingly. I would also be very open to having her rescind her resignation by possibly putting her in another situation at work and certainly assuring her that an investigation is going forward and that appropriate action will be taken by the company. It's not only the right thing to do; but, you've got some sizeable potential liability out there.

HCCADC

Well an update: I have 4 different stories. The funniest part is that 2 of the stories came from the employee that said the supervisor grabbed her. I called the employee and she said that she didn't want to come back to work in any position. So I am going to write a letter up to address the whole situation with the supervisor and monitor the supervisor. (BTW-the supervisor never had any complaints against her before. So I am still confused on the happenings! I guess that happens in these situations. Thanks for your excellent advice!