Always an excuse....

I wasn't sure where to post this and it may get a little lenghty...

I have an employee that has been counseled (verbal and written warnings) regarding several issues such as (excessive personal phone calls, preaching the gospal to clients, tardiness and absenteeism) Each time this employee 1. refuses to sign the counseling report and 2. ALWAYS has an excuse. Here's the kicker... Back in July she stated that she has acute asthma so I provided her with FMLA paperwork (twice) and she never returned it. Just yesterday she was written up for extensive breaks (they are alloted 2-10 minutes breaks) During this time they hit the "break button" on their phone. Over the past week she has accumulated 5 hours of "break time". When I gave her the counseling report once again she refused to sign stating that it is untrue (even though we have the phone log) and that she was at her desk doing research and was not taking numerous breaks. When I mentioned to her that the break button is for breaks and the work button is for doing research she stated she was never told. (she has been here for 2 years and we have documentation that she signed stating this). Well...about 10 minutes later she came back and said that she has high blood pressure and the medication she is taking requires her to use the restroom often that is why she is taking so many breaks. She left yesterday and called in today stating that she is "too stressed" to come in.

Any suggestions on how to handle this. Over the past six months she has brought the moral down within her team because of her antics. Thank you!!!

Comments

  • 26 Comments sorted by Votes Date Added
  • What is your progressive discipline? Refusal to sign doesn't make the warning go away - and neither do excuses. You need to present the warnings to her in the presence of another who can sign the warning verifying her refusal to sign.

    Our progressive discipline is a three-step process - she'd be gone.
  • What type of attendance policy do you have? Is she close to terminating?
    I see two options, one is I would sit her down on Monday and give her a last chance agreement, outlining the issues you have discussed, along with the expected behavior.
    I would make it clear that overall she is in one way or another regularly not following policy and that it must cease or she will need to seek new opportunities.
    Have a witness in the room so if she does not agree to sign it you will have that document. Have the signature block read something to the effect that the signature below indicates that the individual has recieved this counselling and understands the consequences for failing to follow the expected behaviors.
    When she goes to bring up excuses as to the various items. Cut her off, tell her we are not going to discuss the various reasons she has for these issues, that does not matter, what does it the specific behaviors ....that are unacceptable, and violate policy.
    If you fail to follow policy, and continue with these behaviors you will be terminated.

    Option II
    If you are an at will employer, you have all of this documentation, I would walk her into your office on Monday morning, and just tell her this is no longer working. Outline what you have discussed, then point out besides the behavior, now there is an integrity issue, first she did not take excessive breaks, did not know about the button, then 10 minutes later, it was I am taking this medicine..... tell her that you know longer feel you can believe what she tells you. Then terminate her.
    If you choose option 1, I give her less than 2 weeks.

    My $0.02 worth,
    DJ The Balloonman
  • Knowing this emmployee I do have someone in the office with me. We are an at-will state and I do like your suggestion on the loss on integrity. Which is a true statement... Thank you!

    I hope you have a GREAT weekend!

    Shelley
  • I agree with DJ's second option.
  • I basically agree with DJ, but the part that gives me pause is the most recent excuse regarding the high blood pressure medication. It is apparent that this EE is adept with playing the victim card and while her strategy does not look to be in depth for the purpose of bamboozling (like that word?) the company, this could turn into the need for some more procedure around the effects this medication may have on work. Can this become an ADA issue with an accomodation being the need for more frequent breaks? Not sure this is reasonable for the company, just a bit cautious because this most recent excuse may have put you in another arena.


  • Bamboozling...I do like it. It replaces the actual word I would like to use. x:D

    Since this employee has so many "issues" and she left work shortly after us giving her the couseling session yesterday and has called in sick today I am requesting that she provide me with a doctors note based on our conversation regarding her medication. I don't have a problem if she needs to take extra breaks - it's the fact that she always throws in the whoa is me, i'm being picked on, i didn't know, everyone else does it card(s). I may ask for your help on Monday when she returns with her doctor's note.

    I hope you have a GREAT weekend!

    Shelley
  • She needs to be terminated. Depending on what your policies say re: progressive discipline and attendance; give her a final written warning taht failure to comply with your expectations immediately and ongoing will result in termination of employment. Period. She's just learned that she can "misbehave", make an excuse and move on with no consequences. So, let her feel some consequences. Tell her how its going to be then follow through swiftly.

    By the way, I did away with requiring employee signatures on disciplinary actions a long time ago. Its inflammatory, and really serves no purpose. I simply make sure that I hand them a copy of the original which states "copy of this document handed to employee at the scheduled meeting and employee was given opportunity to clarify and ask questions." I also include on the document that if the employee wishes to respond, they may do so in writing by a specific date. If you prefer to have their signature or initials, I would say "no problem", then make a written note that employee refuses to sign and ask them to initial that statement. Believe it or not, it works more times than not. For those few times that don't work, I make another written note on the document in front of the employee that they refuse to initial refusal. Then I make sure they get a copy of the document with my notes.
  • Forget about the blood pressure issue. It's a non-issue. Some blood pressure medications are diuretics. But none of them require a person to pee frequently, only about twice at most in a four or five hour period. Regardless, HBP is not going to rise to the level of ADA accommodation, so I would not go off on that imaginary tangent. The employee needs, no, the company needs, termination.
  • Good information. I was not sure whether or not this could rise to the ADA level. From my perspective, this information would remove my hesitation to terminate. Thanks Don.

    Good luck nohr4u1yr - now there will none of your hr for this one.
  • Oh...she always writes her "reason" as to why she disagrees with it and I do write "employee refused to sign".

    Good thing I have a sense of humor - otherwise, I would head to Chili's around the corner daily for the 2-for-1 special!!

    Based on everyone's input we are not going to allow her to continue to be a cancer amongst her peers - she will be terminated.

    Thank you for all of your help!!




  • Well... it's Monday morning and she called in again today stating she has a Migrain and Asthma. Back in August she was given FMLA paperwork for her Asthma but never completed it. She also was placed on written warning in July for Absenteeism. So, IF she comes in tomorrow I would like to terminate her. Does anyone see any problems that may arise? She tends to be a little fiesty so I just want to make sure all my ducks are in a row.

    Thank you! I hope your day goes well!

    Shelley
  • No problems that I can see. Just have your write up in order, highlighting the excessive absentism and tardiness issues that you mentioned earlier, and give it to her at the first opportunity. When you say "feisty" what does that mean? If you think that she may act out physically, you need to take appropriate precautions. Do you have on-site security? Or is she more liable to simnply become loud?
  • She wouldn't get physical just very verbal. She also is a minority. I have followed all the correct disciplinary procedures and have all the appropriate documentation - I personally feel that they let her slip through the cracks too long - now it's "D-Day". I have already written up the termination paperwork and it does seem pretty air tight to me.

    Thank you for your help.

    Shelley
  • The only way the minority issue will come into play is if your company has allowed the behaviors you will be terminating "Ms. Always has an Excuse" for, to go on with a non-minority without taking appropriate/similar action.

    It is perfectly appropriate to consider the sex/age/race,ethnicity, etc., when doing a termination to be sure you do not set the company up for a legal action -- BUT IT IS NOT AN EXCUSE TO KEEP A PERSON EMPLOYED WHO IS NOT PERFORMING.


    Just treat all issues the same and you will be okay. And that needs to go both ways -- if you know what I mean.

  • But she called in and said she had a Migraine -- which could be protected by FMLA. I'm thinking you should talk to your employment lawyer before terminating her.
  • She was givin FMLA paperwork back in August (twice) for her migraines and never turned it in. So, that is a non-issue right? She did show up today (late).

    I hope your day is going well!

    Shelley
  • Why do you have to wait for her to come back in to work before terming her? Send a letter.
  • Even though people terminate themselves and I'm sure she knows its coming - I personally don't like to be the bearer of "bad news" via U.S. Mail. Besides she has personal items she will need to remove as well as turning in her security badge.


  • Bring her in now, and terminate her......... do not delay.
    My $0.02 worth.
    DJ The Balloonman

    PS
    Besides, your day will get better, as will you week once you are done.
  • Agreed... In about 30 minutes I will have my sanity back...

    Thanks again for everyone's help! xclap

    Shelley
  • Yeah, you gotta watch those minorities. They can be rather fiesty, especially if they wear locks, right Dasher?! x:-)

    I do sense that you may be hesitant to do what needs doing. You speak of being the bearer of bad news and her being fiesty and challenging your position of authority. Time to belly up to the bar (not the one at Chili's), bite the bullet and crack the whip. And, let her be gone.

    Don't let it become a two way conversation that develops into an argument. Simply terminate her employment and ask her to leave the property. First find out what your state requires in the way of written reason and final pay. Cheers and a toast!
  • You can always box up her stuff and send it to her. If she packs up her own desk/area, you may want to be there with her. Just as a precaution. Good luck!!! x:D
  • Don brings up an excellent point. This is not a debate, or time to rehash items. A decision has already been made, and WE need to maintain control of the conversation, not the former employee.
    While some may see this as being rude, allowing them to go on and on is conter productive, and can create additional problems.
    My last problem term, the individual brought up a valid point, so I made note of it, told him I would check into it, and if we owed him money I would have a check cut for him. Three times he tried to go back to that issue, each time I cut him off stating, we have already discussed that, I told you I would look into it, now do you have anything else to discuss? I then led him to the door.
    If they want to rehash and disagree, stop them, explain these are issues we have discussed previously, and that you are not going to discuss them any further.
    You can always discuss a valid issue, but to agrue all the facts that one has previously been written up for serves no purpose. Terminate and move forward.
    Before a termination I always script out the conversation and the points I want to make. Helps me prepare.
    My $0.02 worth.
    DJ The Balloonman

  • "BUT IT IS NOT AN EXCUSE TO KEEP A PERSON EMPLOYED WHO IS NOT PERFORMING."

    I was not screaming loudly enough for ya, huh, Don! Yep -- we can be fiesty, but it should only be effective when we ARE performing. LOL

    fire her without hesitation.
  • We have had a couple of good threads covering various ways to handle termination - some great input there.

    I agree with Baloonman's perspective. Almost always, I start the conversation with a termination statement. If they want to know why, we reexamine the documentation, but even if they are not surprised, they are still often shocked and very little registers with them after they hear they are fired.

    Usually, we have the direct supervisor handle the termination, and I observe. If I am not available, then their direct report or our Exec Dir will sit in. We have had some effective trainings in this area, and I am fairly comfortable that our senior management know how to go through this.

    Toward the end of the meeting, we suggest they take a couple of days and schedule an exit interview with me. The direct supervisor will take them to their work station and discreetly help them with their personal belongings. Final checks and preliminary Cobra information is given to them during the termination meeting.

    This is not an easy process, so being prepared for a variety of responses from the EE is wise, but I think it is like removing a band-aid. A quick pull is less painful than a slow one.
  • Boy! I got you all "fired" up about this one... (no pun intended) ;;)

    During any termination (including this one) I always have a statement prepared listing the previous counseling sessions as well as what brought us to this decision. She tried to break out one of the "it's not my fault cards" but I told her that this is not open for discussion and based on our previous documented meetings and failing to improve we are terminating your employment.

    Viola! Happy Days are here again!!!

    I hope you all are having a GREAT day!

    Shelley
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