Deshonest Remarks by Employee

lgrako

Employee "Leadman" is telling other employees how dishonest top management of the company is in handling the payroll and bonuses. Is this grounds for termination?

smaces_twin

I would sit them down and talk about it before I did anything. I'm sure it is a misunderstanding and find it hard to believe that they would tell an outright lie. Point being I think they believe what they are saying is true. Also you may find that what he is saying is protected activity under the NLRA and he could sue you if you blindly terminate him.

PS I would suggest changing the name of Leadman to Lead person. I would also make sure you are not passing on any qualified women that want that position. If you are, your ripe for an EEOC charge.

HRinNH

I don't mean to sound argumentative but if the Lead Person is in a position of authority and is defaming management and sewing seeds of doubt and insecurity that could lead to further insubordination...What's protected about that? IMHO it goes beyond personal opinion here. I guess I need to read up on NLRA.

Cheryl C.

Balloonman

I would have a come to Jesus meeting with him, and explain that if that is verified and continues, he will be terminated.
My $0.02 worth!
DJ The Balloonman

smaces_twin

[font size="1" color="#FF0000"]LAST EDITED ON 05-20-04 AT 12:27PM (CST)[/font][br][br][font size="1" color="#FF0000"]LAST EDITED ON 05-20-04 AT 12:20 PM (CST)[/font]

I said it MAY be covered by the NLRA. I didn't make any assumptions in my first answer, but now I will. My experience is that a lead person is usually an hourly person who helps run the shift and is paid $.50- $1.00 more an hour. In my opinion that person may be covered by the NLRA because they are "discussing" compensation issues and it could be deemed concerted activity. I also said that they need to get the facts surrounding the issue. It sounds like the person wants to term based on what she is told he is saying. You should never terminate without the facts.

If it is found to be true that he is lying, I would definately deal with it, but not without all the facts.

edit: "Deal with it" That means I may terminate but would have to look at mitigating factors. Did he in fact tell an outright lie, past work history, length of service, etc.

lgrako

We have talked to two other employees that were present when this conversation happened and they have confirmed that the leadman did indeed make the comments plus more. I don't see how this would be concerted activity. He is not unhappy with pay or bonus or how the bonus caluated. He is say top management is dishonest.

smaces_twin

[font size="1" color="#FF0000"]LAST EDITED ON 05-20-04 AT 02:50PM (CST)[/font][br][br]In your original post you said he said that management is dishonest in regards to handling payroll and bonuses. You have now changed your story. What exactly was he talking about? That might be concerted. I do not have to deal with unions, thank gooness and cross my fingers, so maybe someone wiht more experience can weigh in. But I'm sticking wiht my story.

Whatever

Is this person intentionally lying or has there been a misunderstanding? You need a meeting to determine what is happening. Then, after you have all the facts, decide what is appropriate.