Employee claims "stress" environment

SLPaulson

I have an employee who feels the working environment has become stressful. She has asked us to lay her off so she can find another job, with a severance package. She stated she would sign an agreement not to seek legal advise if we gave her a severance package. If we don't she states she knows her rights and will seek legal council. (I resent being held hostage by a threatening employee. We do not give severance packages, just because.) I just received an e-mail from her and she has made an appointment to see her doctor for "stress." She is an assistant to one of our sales manager (who has a strong (ugly) "ole boy" personality.) We rehired a former employee in the Department who can "handle the ole boy" and has somewhat of an "attitude" herself (I had personality conflict problems with her and other employees when she was employed with us before and strongly insisted she not be rehired, but the owners went ahead and hired her back.) Since she has been rehired, she has resumed a role of "importance" and pretty much pushed the stressful employee out of her position. I have talked with the Manager and he has talked with the employees involved. Now I am not sure of the employees direction, "stress" related - worker's comp, hostile environment or money and "I'll go away!" Any help, suggestions, information would be welcomed.

rad

We have had a few folks go out on stress leave, Dr said they need to stay home, it was actually covered by FMLA. But laying someone off? I've never heard of that. Sounds like she hates her job and wants to leave and get a nice chunk of money. that would set one heck of a precedent. If she does resign, she could claim constructive discharge as a basis of her lawsuit if thats the way she goes. You mention the bad situation and that she was pushed out of her position, I'd make sure you have the whole story should she decide to go that route.

E Wart

We had an employee in CA who went out on disability due to "stress" on job. We turned it over to workerss comp and state disability. W/C denied it and state STD paid it. Employee came back after a couple of weeks.
I don't know if it would "shoot you in the foot" to ask her if she is saying she is "stressed out" because of work or because of other things, so you will know how to handle it. You may want to talk with your w/c carrier about this as well.
I agree that being "dictated to" by an employee is not a good thing. It also sounds as if she has been put in a position that she has to "look over her shoulder" all the time due to the other 'rehired" employee. Therefore, she may be feeling somewhat inadequate. I don't know personal situation but maybe sne wants to quit but scared to quit without another job, which puts more stress on her. Therefore, she is blaming it all on work and wants you to take care of her. Would a couple of weeks of severance be worth getting rid of her? However, I wouldn't lay her off and then replace her (number wise.) Should make sure that really overstaffed and you could do without her. Good Luck. (Maybe, in your spare time, you need to get out there and find her another job and she will quit to take it!)
E Wart

Don D

Quite speculative. The only thing I would do is continue with normal documentation/discipline procedures and tell her what the company's expectations are. I would not even respond to her request to be laid off or her emails or her veiled threats about this and that, other than to document them for my desk file. Tell her she has a job to do and is expected to do it. Other than that, let her run her course. If you actually believe that the manager has an abusive environment that may be affecting one or more workers, provide guidance to that manager and document that as well. Everyone gets stressed with their job.

System

It's possible to have job-related stress - don't we all! That doesn't necessarily mean workers' comp. That's extremely difficult to establish even with a doctor's note. I would no way - never, never - sign an agreement or "buy off" the employee so they wouldn't seek legal advice.

Hopefully you've interviewed the other employees with whom she had to work. They may provide a lot more insight. I gather from her treatment and statements to you that she was probably a big part of the problems in the first place.

I would be tempted to go ahead and lay her off, (or accept her verval resignation) but with no severance package. She may find a reason to sue no matter what you do.

Balloonman

Of course if you fire her, that would relieve her of all of her work related stress now wouldn't it?
You are in California, lol, you are screwed.
My $0.02 worth.
DJ The Balloonman

gillian2

No, SLPaulson isn't screwed. California doesn't have a protected class for people who can't do their job. Stress leave under workers comp. is a possibility but she would have to prove that 50% of her stress was caused directly by her job. The only problem that you may have is if this is part of a pattern of problems created by a manager. In that case, the problem is not the employee but the manager.

SLPaulson

DJ The Balloonman,you are so right!!! We are screwed in California. Of course, if we elect Arnold, the terminator..... well maybe good things can happen for the employer, yeah right!!! Yes a week of severance is worth removing the issue!! California is so liberal and anti-employer that breathing stale air can cause a lawsuit. I did talk to our WC carrier and was informed if employee can prove 30-40% job stress relationship - well there you go, another frivolous California WC - ChaChing$$$$$, ChaChing$$$$$$ - We would have liked to move her to another department, except we are stacked as it is. No, we won't be filling behind her, the little gal hovering over her will have to pick up the slack.
This was my first time to use the forum, although I go in and read your responses to related issues, I appreciate your quick and helpful responses.

Whatever

Any possibility of switching her to another job in different area?

marc

I agree with the posting that indicate stress is an everyday part of life, but for an ee to try and "extort" financial gain with these threats may go beyond an everyday HR function. I know of one attorney (we call him the Pitbull) who would suggest upping the ante and speaking the the gestapo about criminal proceedings.

That is harsh, but so is what she is proposing. "I will go away if you pay me," seems to be way over the top.