Insubordination?

LeslieC

I have an ee, who is female and 50. She has officially been 'part time' for several years, but working upwards of 37-38 hours/week (full timers work 40 hour week) and she receives same benefits of a full time ee. In Dec. we told her we were changing her position to FullTime and offered her the job. She hemmed and hawed and complained that she wanted a higher salary if she was "taking on more responsibility". We explained that there is no more responsibility, just a couple more hours so there is no increase in her hourly rate. She refused to sign our offer letter. Today her manager and I met with her to get a final answer. Again she asked for more money and we told her no. She said she would sign the offer (which just shows acceptance of terms , it is not a contract). As she left the manager's office she was heard exclaiming the word "b-tch".
I am ready and willing to terminate her, this is not her first incidence of disrepectful behavior towards her manager. We are an employment at will company, which is very clearly stated in our employee manual. I am cautious because of her age and dont want to face a discrimination suit, no matter how unfounded it may be. Any advice/pointers on how to navigate this are appreciated. thank you

SMace

Did you let her leave after you heard the "word"? If it were me I would have asked her to turn herself around and sit down. I would have then explained that I heard what she said and that behavior will NOT be tolerated. I would have explained that when we have issues, we sit down and talk about them like adults. Then we come to an agreement and move on like adults. Adults should not call people 4 letter words under thier breath. I would then give her three more days (as a suspension) to reconsider her decision. Then everyone has some time to calm down and make the proper decision.

I think you are angry and that might be ruling your head a little.

Now what can you do? You could call her back in the office and have a meeting similar to what I described above and suspend her. If you do decide to keep her I would give her a last chance agreement and maybe even give her a mandatory referral to your EAP.

Based on the info I have right now, I would recommend keeping her after the suspension if and only if she accepts responsibility for her behavior and pledges to change. I would make that very clear to her.

HRinFL

First, it appears that she did not say this directly to her manager, albeit that there is no question that the comment was about her manager. Did the manager hear it or did another ee tell you/manager what was said. While it is not an excuse for her comment, it does differentiate whether the comment was directly disrespectful to the manager (again, I agree that merely using that word is disrespectful).

For her past infractions, weas the ee counseled? Was she alerted to what would happen if the unacceptable behavior continued? You commented that you are an "at will" employer as stated in your handbook. Does your handbook identify unacceptable conduct? Do you have a well documented progressive discipline policy? Are ees aware of the policy and behavior the company deems inappropriate? Being "at will" does not exclude you from following established policies and procedures. You also need to investigate whether any other ees have a history of being disrespectful to managers and what happened to them. You need to determine this and examine what action was taken and remain consistent. Were these other ees counseled? Can you show that you are being consistent with past decisions. This is direct evidence that will help support your argument if the need arises to defend your decision.

If there are no comparables to speak of, document the incident. You and the manager need to write a statement about what occurred, sign/date it. Additionally, any other ees that overheard the comment need to write a statement, sign/date it. Documentation created after the incident is a great way to support your argument. I always request that the ee hand write any statement so it is in their own handwriting, in the style they are comfortable with, etc. I think it adds credibility to the statement if there is a need to use it later.

You can do everything the right way, be consistent, and still end up defending your actions. Don't make a decision to address/not address the issue out of fear of a charge, etc. from the ee. As long as you have a legitimate business reason for your decision, are consistent with past decisions (or are willing to set a precedent for future infractions of the same nature), and it based on the ee's behavior/actions, you should be able to take the level of action you deem appropriate.

Down_the_Middle

Rather than "bandwagon" you with advice for how to proceed, I'd like to only clarify the "insubordination" reference, whether your use was intentional or just symantics........... Insubordination is the REFUSAL to carry out a lawful supervisory directive; not failure to do so; nor being insolent about it.

Crout

If she had picked up a chair and thrown it across the room in front of 20 witnesses she could still run down to the EEOC and file a charge....so don't let that be your guide. Instead, weigh your respose against the offense committed, the soundness of your evidence, and your policies and past practices. Me, I'd absolutely issue a formal discipline, if not a termination.

POPEYE

As she left the manager's office she was heard
>exclaiming the word "b-tch".
>I am ready and willing to terminate her,

I think maybe the horse is getting put in front of the cart here. The quote above says "she was heard exclaiming the word......."

So you want to terminate her based on an utterance of the word? How do you know that she had not been thinking about her female dog and what the proper word was to call her because the dog has already had 3 litters of puppies and is pregnant again and the name just suddenly came to her and she verbalized it? Now, do I really think that is what happened? No, but there are many questions left unanswered in this scenario and many possible answers to those questions to review and digest before jumping to any type of discipline let alone immediate termination.

pork1

It appears to me that you just might have a "problem employee" on your hands. She apparantly, has a long history of getting things her way. Guess what: "her way became the company way"! She will whip out all sorts of personal notes and past history of time and violations that your company will not be able to defend, because could not read her mind of "what is right and what is wrong" from her view. Your company actions toward her and others will be supported by her records because the company has none!

My Senior Leadership advice is to close the record on her past history and now let's get the company's actions with her starting from a new starting point called TODAY. From this day forward here is the position into which the company is assigning you. Our expectations of specific behaviors demonstrated by you, henceforth, will look like this:XXXXXXXXXXXXXXXXXXXXXX! (Use simple sentences with clear meaning covering A to Z, bullet by bullet). Do not give this employee a choice to do anything more than select the options that the company wants. Tell her to report to work on January 10, 2005 with a new fresh smile and a happy attitude.

If she chooses to refuse the assignment or does not show up for work on Jan 10, then she has abandoned her position and a termination is in order for documentation. If she chooses to report to work then move on from there and stay in control. Follow your company policy and if you have none then follow your procedures set up to guide your HR work for all employees, equally and consistently.

It is the long term employees, who have fallen out of favor that will give the auditors/investigators anything and everything to make your life HELL!

Good Luck, even this too shall pass like the still of the night.

PORK

Balloonman1

Hey SMace,
Just for the record, bitch is a 5 letter word. x:D
My $0.02 worth,
DJ The Balloonman

SMace

Aha! I didn't think anybody even read my posts. Good to know someone does. You missed my "thier". I appreciate the parting shot over the bow.

BTW good luck in your new job. I hope it works out. I will miss both your intelligent and sound remarks as well as your smart ass ones.

Now, don't let the door hit ya'..... x:D

LeslieC

Thanks, everyone, I can always count on receiving a variety of responses/opinions plus comments from the peanut gallery (love ya, balloonman).
This is an ee who I'd have let go YEARS ago, had I been here. I've inheritted some doosies who, yes, indeed, have managed to make "their way the company way" and now I have to undo it. Hence, the "b-tch" moniker I (or a competent manager) occasionally receive. All in a day's work. Thanks for the pointers. I've used several of your ideas.
good night all.