Employee problem

LindaS

Last week I posted asking for advice regarding our upcoming employee party wherein I had one employee who is under the legal drinking age and wanted advice on how to handle the situation.

Well I talked to the employee Monday afternoon and informed him that neither he nor his fiancee (under 21 as well) would be permitted to drink and would not be provided drink tickets as there was free soda all night. He stated he understood, had no problems with it and would not drink. I thought things were settled (dummy me!!).

On Tuesday this same employee came to me and requested some time off in August for his wedding and requested that he be granted the days off without pay, and without accumulating "points" in accordance with our attendance policy, because he wants to save his vacation time for November when he and his new wife are planning on going on their honeymoon (no reservations made yet).

Trying to be the good HR person I planned on granting his request.

Well he and his fiancee come to the party and, as you can guess, drank quite a bit of beer. I didn't see them purchase it at the party and am assuming they got it at the bar that is attached to the banquet facility. They didn't "get out of hand" and left quite early but I'm obviously more than upset that this employee couldn't respect the request of our company regarding this issue but at the same time wants us to go above and beyond the call of duty to grant him this time off.

Would you treat this as two separate issues, would you address what happened on Saturday at all? Should I go ahead and grant his request?

globex

Obviously, they are two separate issues. I think I would point out that his decision to not honor your request (and the law?) could have jepordized the company with legal officials. It indicates he does not have good decision making skills and it would make it difficult to consider putting him in positions that would require such skills. I am not sure it would do any good to ask him why he did it because either he does not know or would not be truthful. However, if he is a good 'ee otherwise and you consider him an 'ee to retain and shape, you might consider probation.
I also think I would make it clear that you were going to allow his request for time off but that it should not be construed as accepting his bad behavior. The more I am in the business world with employees, the more I find they are like children - fortunately, not mine.

Rockie

Linda: This is a tricky issue due to the fact that this was a social event, but was sponsored by the company and therefore, put the company at liability.

My first inclination would be to write him up or ban him from future parties until he reached the legal limit of drinking. (Not sure if either one of these would be legal or desirable - others may have an opinion).

At the very least, I feel that this employee violated your request of him and his fiancee not to drink and put the company in a potentially liable situation. I'd ask him if he remembered the conversation you and he had wherein he advised you that he would not drink. I would ask him also why he choose to violate this trust.

I'd also ask him "Do you understand why I would now have second thoughts about doing you a favor concerning your leave request?"

I believe I would have second thoughts about doing him a favor when he could not honor a simple promise that he made to you.

Too bad we have to continue to treat employees like children.

Don D

The third question, I suppose, could have been: "Should I give them a teacup or serving fork for their wedding gift?"

Actually I think you should terminate his employment. He refused to follow a direct instruction from management in regard to a company sponsored event. This put your company at risk just as much as an employee who might drive the forklift out the dock door and into traffic.

hrbanker

I think you have to look at company liablility in the drinking issue. You took proper precautions, warned the employee that the company would not provide alcohol for him and gave him free soft drinks. The liability then falls on the bar that served him without ID or the fellow employee (and the company) who gave him drink tickets and provided alcohol for a minor.

In that he probably put the company in some jeopardy by his irresponsible behavior, I would address the issue. I'd find out how he came by the alcohol.

The employee's loyalty and respect for the company are major issues and definitely would taint my decision in his request for time off. Is it possible to 'split' his vacation? ...I'd at least make him aware that the company owes him nothing.

rad

I would absolutely let him know that he violated your trust as well as the law. But be prepared, it is possible the bartender did not do his or her job by properly asking for ID but he may tell you that so and so co-worker bought the beers for him...will you also discipline that employee for breaking the law?

Whatever

Obviously, they cannot be completely treated as two separate issues because you are asking the question. You have to talk him and let him know that he violated a direct management order (insubordination) and he proved that his word means nothing. I would suspend for the insubordination. I would not give him the leave of absence for his wedding. Let him use vacation time.

Finally, you should find out how he got the drink (do not give him the option of whether or not to tell you). If he was not id by the bartender, let the management where the party was held know. If he got tickets from another employee, I would suspend that employee also (basically for being an idiot and also, for helping the ee disregard an order).

Crout

What is your proof that he and his fiancee were drinking? Do you have witness statements attesting to their behavior? If your evidence is solid, I would definately use discipline. You may not want to terminate him if his record is clean, but I would consider an unpaid suspension.

marc

It is my belief that many of us thought this EE was going to be drinking, I know I did. You did take that extra step and discuss it with him to no avail.

Now you are placed in the usual and unenviable position to determine what level of enforcement company policies, liability exposure and the like are going to have. You are between the proverbial rock and the hard spot.

Don D outlined one end of the spectrum, which is to terminate for not following direct instruction, the other end is to ignore it. Look to your company culture to determine your proper course. What does top management think? I would bet they would be for letting it go with no more than a reprimand.

I think allowing leave without assessing points is a bigger problem. Look at the message it sends to your staff. That HR can arbitrarily decide which absences are ok and which are not. With that example serving as a precedent, I think you can weaken enforcement and perhaps set yourself up with evidence for the plaintiffs in a wrongful discharge case based on attendance.

System

I agree with Marc and Whatever on not granting the leave without pay if he has paid vacation on the books. Why would he take leave without pay in August and save it for November?

What if he leaves employment before November? Will you have to pay out the vacation pay? Another reason to deny the request is "Presidence." Will you grant that to other employees?

The alcohol issue says something about his integrity. If you choose to do nothing about it officially, at least remember it.

LindaS

Thank you all for your responses. After talking with upper management it was decided that he is getting a written warning for insubordination regarding his failure to follow explicit instructions from management. While I feel that this situation may warrant a more stringent level of discipline, this will definitely get his attention. It has also been decided that we are going to hold off on approving his time off request. My feeling on this is that he is asking the company to go above and beyond what is necessary but his actions have shown a significant lack of respect for the company.

As far as witnesses, I saw him and his fiancee with the beer.