Careful Steps to Termination

HRH

A manager has come to me seeking advice on how to proceed with terminating an employee. She is under 40, has worked for us for 9 years but over the past several years has been resentful of her current manager, who is a top-notch fellow. She has been written up several times for her attitude. Other issues are slowdown in her production, and trying to cause problems for the manager with other employees (encouraging slowdowns, etc.). The manager has addressed these issues verbally; not so well in writing. He has moved her from her long-time position in one department when a second employee was able to produce more, better and faster, without her. We are a small company, and the manager says, quite frankly, he doesn't need her anymore, and admits to me that she is his only problem employee at the moment.

She has expressed interest in other areas of production where she would get overtime. She would be the only woman and the work is heavy-duty and somewhat skilled.
1. Are we obligated to give her a chance in the other areas of production if she is willing to be trained, even though it would be a nightmare (only woman)?
2. She has cleaned for us in the past. Could we offer her cleaning, but at a reduced hourly (she has been paid quite well as she has been here so long, but it would make no sense to pay her that much to clean)?

Would appreciate your input.

Whatever

First of all, a statement like "she would be the only woman and the work is heavy-duty and somewhat skilled" will come back to haunt you particularly if there are no women working in that area now.
Your posting leads to several questions:
1. How do you normally fill positions in production (i.e. post, place ads in papers etc.).
2. Why would training be a nightmare (only woman?)?
3. If she moves to other areas of production would she be working for the same manager?

At the moment there appears on the surface to be a sexist attitude at your company that has to be carefully be examined particularly as relates to this employee.

HRH

It is probably my writing, rather than our policies, that led you to believe that we have a sexist attitude. I am a woman and I would never tolerate it in our managers. So sorry. This employee would have the same manager in any area of production. I have asked him to get more in writing, and he will do so. Documentation is a steady drum beat of mine.

My issue is whether or not we are obligated in any way to try to find another spot for her, when, in fact, she has been replaced by a more efficient worker at a lower pay rate. In her prior department she was somewhat isolated, working with just one other person. In any other area of production, yes, she would be the only woman among many men. We normally find new employees by word of mouth and we are not actually looking for new workers at the moment. I simply want to be fair to a long-time employee, while at the same time, make a good business decision.

AnneHa

'Skirting' the gender issue, why hasn't the manager addressed the performance issues in writing? This would be a decidedly 'careful step' in the termination process. He needs to do his job instead of shuffling the problem off to someone else.

Anne in Ohio

HRH

You are absolutely right, and I said the same thing to him this morning. He knows better, and I explained that it makes the whole issue more difficult without documentation of their discussions. This employee is currently the only woman in our entire production area, but in her past position, she was somewhat isolated, working with just one other man.

pork1

I vote with Anne in Ohio! Managers who fail to lead and develop employees must be made to clean up their mess. We teach every employee to clean up their mess at the end of the work day, this manager is of the greatest concern for the production arena.

PORK

System

. attitude.
. slowdown in her production,
. trying to cause problems for the
manager with other employees (encouraging
slowdowns, etc.)
. he doesn't need her anymore, she is his
only problem employee at the moment.
. She has expressed interest in other areas of
production where she would get overtime.

1. Are we obligated to give her a chance in the
other areas of production if she is willing to
be trained, even though it would be a
nightmare

2. She has cleaned for us in the past. Could we
offer her cleaning, but at a reduced hourly (she has been paid quite well as she has been here so long, but it would make no sense to pay her that much to clean)?


#1. No.
#2. I wouldn't.

Why are you going to lengths to accommodate this employee? You're going to have to fill the position if she transfers out of it. Why would you let another manager inherit the problems? Gender has nothing to do with it. Why would you not simply term a bad employee?

HRH

Thanks for your input. I can usually see these issues in black & white. This one seemed grey to me, and that's why I went to the Forum. You are all helping me to see things more clearly.

I wouldn't say she's a "bad" employee, or she would have been long gone. I have no problem terminating a bad employee, ever! I would say she's an employee who has slipped over the years and has shown some resentment toward her manager, who once was a co-worker. I am also anticipating a few raised eyebrows from upper management (like I said, we are small, and everyone knows every employee) and I want to be sure I am making the best recommendation. I am sure the first question will be, "Do we have another place for her?" Her manager would like her to be gone, and I don't blame him. I am just trying to look at every angle.

Crout

Kind of confusing based on your statements. You stated that she was replaced by a cheaper, more productive employee. So are you laying her off, or firing her for her attitude? If she's been written up in the past for the same behavior, go ahead and fire her if there's been no change. If you think the people above you would balk at that, start counseling her and find out if she'll be okay with taking other work at lower pay. It doesn't make much sense to export her attitude to another supervisor; on the other hand, it's quite possible that a change of scenery could turn her around. Your job would be to evaluate whether or not she'll be successful.

marc

The resentment she has toward the manager may be understandable since they were once peers(?), but the overt way she has hurt the company is not acceptable. Slowing down her personal production and encourageing others to do the same is unconscionable. This is almost the same as reaching her hand in the till and taking out cash and throwing it to the wind!

Giving her another position is rewarding that behavior.

In similar fashion, for you to clean up the top-notch supervisor's problem is letting him walk away from a character building challenge. When he is sitting in front of her to do the termination, the lack of documentation should come home to roost. Then he will understand.

System

A red flad popped up when you wrote "cause problems for the manager with other employees (encouraging slowdowns, etc.)" These might be concerted activities that are protected by the NLRA, regardless of whether she's unionized.

I'm not a lawyer, but I think she'd have to be complaining about or acting on a workplace issue that affects at least one other ee.

Good luck!

James Sokolowski
HRhero.com