Phone Calls

charlieb

At my company we have a supervisor who is walking a fine line. This supervisor has called a third-party, uninvolved employee and asked personal questions about another employee who she is having problems with. This supervisor has asked if this employee is dating anybody at the company. Futhermore, the uninvolved party who received the call was asked not to mention anything about the phone call. Is this harrassment by the supervisor? The statement of "please don't mention this phone call to anybody" seems to indicate that she knows that she is doing something wrong. I am having problems finding where to look for state statutes discussing this topic for the state of Oregon.

Hatchetman

I don't see it as harassment as envisioned under emplyment laws and even in traditonal definitions of the word. But I am not familiar with Oregonian employment law on workplace harassment.

It sounds more like the type of talk -- gossip -- employees generally engage in. The fact that it is a superviosor of course raises a question that
woud start inquiring of other employees about their personal knowledge of a third employee.

Look, it seems that the supervisor is a friend of the employee to whom she talked. The employee about whom she is inquring sounds like is also a friend to this employee. Employees often check out what's going on with other employees.

Right now I don't know if you have enven anything there to worry about. If you feel, however, that there is a need then conduct a quick investigation and see what's going on. Is the supervisor using her position to get non-job related information about an employee? But then be prared t dela with more of these issues when one emplyee starts asking another employee about a mutal friend emplyee.

What did the second emplyee tell the inquiring supervisor?

charlieb

The supervisor in question is not a friend of the third party that she contacted. They have worked together before, but she is in a supervisory position and the third party is not. Again, they are not at all friends in any way. The supervisor is trying to build a case against another employee and is making phone calls to a third party (just one that I know of that has come forward) and asking personal information about private relationships of the person against whom she is building a case against. Again, the fact that she asked this third party to please not mention the phone conversation to anybody seems to indicate to me that she knew she was doing something wrong. Does anybody see it in a different way?

Don D

I don't see the big deal. It seems to me that rather than the supervisor trying to build a case against someone, you are trying to build a case against the supervisor. Poor judgement is not illegal, typically. We don't have much in the way of facts and I would say that maybe the supervisor used poor judgement but certainly did nothing illegal or harassing. What would give you the idea that it is somehow illegal to ask questions of a personal nature about another person, regardless of who asked the questions?

charlieb

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I am just curious as to what kind of privacy we can expect at a work environment. Should our supervisors be allowed to call or email other members of the company and ask personal questions about other employees private relationships and who they are involved with? How much of our private lives can be infringed upon?

deniseE

I see where this is coming from...if the goal is to have the ee terminated...HR seems to be concerned about the quality of information provided by the supervisor...and knowing what you have heard...it makes it that much harder, especially if it looks legit on the surface.

Could you take a proactive stance on this and maybe transfer the ee to another area? Or even the supervisor? If that is not an option, maybe you could talk with the supervisor in a big picture kind of way, review how things are going, see if she wants/needs to address any problem areas, and maybe she'll give you something to work with?

good luck.

5560905

How does your company view HR? In ours, we are a service department to the operational areas of the company. We counsel and coach both managers and individual employees (when asked to do so by their manager) in addition to the other HR duties of recruiting, hiring, compensation, benefits and the like.

As HR Director at our small company, I frequently consult with managers regarding how they are handling various issues. Our Senior Management team meets weekly and we have open dialog about all areas of operation, including HR. They frequently call me for advise BEFORE they proceed with an investigation, disciplinary action and ALWAYS before they terminate an employee.

I would take the direct approach and let the manager know that I was aware that he/she is inquiring about an employee's personal life from third party employees and that I had some concerns about the methodology. I would offer assistance - for instance, if there was the possibility of some serious misconduct and it was necesary to interview other employees, I would suggest that it always be done with a witness (preferably someone from HR).

Asking the questions is not necessarily wrong (unless there is some personal motivation from this manager). The methodolgy may be in question. In this case, your manager may be trying to head off a sexual harassment suit (if he/she suspects a volatile dating relationship between two employees).

Offer assistance, not criticism until you know the facts. If you find there is some non-business or personal motivation, then counsel the manager. If there is substance and need for further investigation, the you are involved and can guide things so that they are handled professionally, with appropriate documentation, etc.

Don D

Apparently Denise and 556 are more clairvoyant than I. I can't find any of that information in the original or followup questions. I'm not sure of Charlie's role in the organization, or whaether it's an HR role. It might be that Charlie is offended by what's going on because it's directed at him and he's simply asking if people have a right to ask such questions. In that event, the answer is yes. Poor judgement is not illegal. For 230 years in this country people have had the right to have conversations of whatever nature they choose. Yes, even conversations where one person mentions a third by name and asks questions about their personal life or behaviors or sexual habits or the color of the tin roof on their doghouse. This also happens in an employment context, again, perhaps judgementally poor.

System

I'd guess that the supervisor envisions herself as James Bond, digging up dirt on an employee. But she's more like the Pink Panther movies or Naked Gun.

I wouldn't be surprised if gossip about this "investigation" has raced throughout the supervisor's department, and everyone's jumping to conclusions about the supervisor's motives, just like we are.

Yes, poor judgement.

James Sokolowski
HRhero.com

charlieb

Thank you to all for all of your input!!! I appreciate it.

marc

If the information is truly personal in nature, what stops the EE being questioned from saying, "That information is personal and I am not comfortable discussing it with you. Please take it up with my supervisor or the person you are asking about."

If the supervisor tried to take it to the next level, his/her agenda would be exposed and her boss can deal with the fallout.