Protected Class Needs to Change

HRH

We have a salesperson - woman, over 50, 6 year employee - who is very good at what she does but has an uneven, abrasive personality. The sales manager has had several heart-to-heart talks with her over the years (documented) about her negative attitude.

Sales Manager wants to give her an ultimatum; seek help - while remaining employed - for personality disorder (she acknowledges that she has one), or be terminated.

Would love your input on 1.things we are probably overlooking and 2. verbage for a agreement letter.

Thanks!

sonny

I don't think I would go the ultimatum;seek help route. I think I would focus on performance/behavior and document, document. I think I would set out expectations of behavior/conduct in the letter and add something like, it is our expectation that you take what ever steps you deem neccessary to ensure that are expectations are met

deniseE

I believe the ADA makes provisions for any employee that is perceived to be disabled by the employer...by acknowleging her personality disorder and making it sound like it impedes her ability to work, you may be giving her ammunition for an ADA claim...maybe others with more experience in this area can clarify that.....

If the desire is to terminate....as stated before make it based upon a tangible policy...it gives you a good defense if you need it.

HRH

Good thoughts - thanks. His desire is NOT to terminate. His desire is that she get help and change her disposition. If she doesn't get help and change, he WILL terminate. Are you both saying that if we terminate based on the fact that she's impossible to work with, it could be ADA??

Rockie

I'd address this issue from a performance perspective - that her attitude was making it impossible to work with her. If you have an EAP, I'd direct her towards it to see if they could help her deal with whatever is bothering her.

If this "personality disorder" has not been diagnosed formally by a psychiatrist, I'd not even go there." I'd just address how her attitude towards others is causing issues and problems in the workplace.

sonny

You are percieving her as disabled . As noted we aren't trained to dx, I just wouldn't go there. Rockie makes a good point re EAP and would certainly offer it, if available.

As an aside, People have suggested I change my disposition for years and I do not have a personality disorder x:D

Parabeagle

Sonny has put it all in a nutshell. By PERCEIVING the individual as having a disability, you've opened the door to ADA protection even if the condition itself would not necessarily qualify. As everyone else has said, your best bet is to focus on the specific behaviors you want changed.

And I think Sonny's disposition is just fine. x:D

Dan

I will add one more comment. It is almost impossible to address someone’s attitude. You need to address her specific behaviors that are causing problems.

LarryC

Almost impossible, but possible, if you call it, "Engaging in behavior that disrupts the cooperative, harmonious teamwork environment that this organization strives to promote." How's that for HR mumbo weenie, yin(g) yang, jumbo?

Shadowfax

As others ave said: focus on behavior, not why she acts that way. However, in your case it is too late to ignore her 'problem' since the supervisor has already discussed it with her - so if she has an ADA issue, you have to deal with it too. In future, I suggest supervisors keep diagnosis for reasons behind behavior/performance issues to themselves and not ignorantly set up an ADA issue where one may, or may not exist.

Leslie

If you do have an EAP do you also have the ability to mandate? I've taken that route often as the last step in progressive discipline. If the behavior continues, or they fail to abide by the mandate, that's it.