What would you do?

I have an employee who is in a key role in our company. This position requires constant interaction with both management and other employees in regards to training, product development and machine set-up. There is one major problem with this EE, however, his temper.

He lacks patience and it has been brought to my attention that he gets upset, raises his voice and criticizes employees when training them. He does the same thing with his supervisor and other members of management.

In fact, last fall we had another set-up person that he was training that resigned his position because he didn't feel he could work with this person without it becoming "physical". I brought this to the attention of upper management but nothing was done.

Last week there was another incident with his supervvisor wherein he became upset and "flew off the handle". He then went to another employee and made the statement, "well I can't kill him, it's against the law but I can make damn sure he loses his job". I did get verification of this statement from the EE he said this to but this EE also said that he doesn't want to be involved (and he was the only one present when it was said).

I took all this to upper management who informed me that they didn't feel any of this warranted discipline but rather to just "talk" to him and let him know that this behavior is unacceptable, which was done.

I now have the supervisor coming back to me stating that he feel the EE should be terminated or threatening behavior and that he is concerned this EE will "go postal" on someone. While I don't think he would become physicially violent, his verbal actions are bad as well.

Any advice?

Comments

  • 12 Comments sorted by Votes Date Added
  • Linda, from what I am reading these days, the fastest and most costly area for litigation in our HR world is employer negligence.

    From your post, it appears that this employee is and has been for quite awhile, exhibiting unacceptable behavior in the workplace.

    A documented investigation into any verbal threat (with a written report) should always be done IMHO. It does not matter that the employee who overheard the "threat" does not wish to be involved. The investigator takes down the information and the employee making the remarks is questioned and counseled. If needed, either training (anger management, relationship building, etc.) or discipline -- up to and including termination is done.


    Document. Act.
    The employer must do everything possible to create and maintain a safe and fair workplace for everyone. Good luck.
  • Gather your facts, and launch an immediate investigation. Take swift action. If you get stonewalled by anyone senior to you, document that as well. You must advice upper management of the ramifications of letting this one simmer on the back burner. Ultimately, they will choose the outcome, but you better CYA.

    Don't let the sun set on this one. I had a warehouse supv. once who had a history of outbursts and semi-violent behavior. It was always dismissed and accepted as just " being rough around the edges". One day during one of his fits he "frisbee" threw a clipboard at a temporary employee, split his head open, almost took part of his ear off. Nice.

    Deal with this today.
  • [font size="1" color="#FF0000"]LAST EDITED ON 04-14-05 AT 09:52AM (CST)[/font][br][br]I agree with Dasher and TN HR. This is a serious matter and your company is liable for this ee's behavior. Start an investigation and report your findings. You will be surprised, when you are investigating, ees will probably stand in line waiting to talk to you. Once you gather all of the information, you need to take the proper steps to correct the situation.

    One question, Do you have a policy addressing workplace violence? If not, you need to develop one. It needs to have teeth and be consistently enforced. We have a zero tolerance policy for workplace violence. Under our policy, it is not only an act of violence, but the threat or potential for violence that is actionable. If substantiated, there is no progressive discipline, you are terminated.
  • Thanks for the replies but the problem I have is that upper management doesn't see what the EE said as a "threat" as it wasn't made directly to the individual. I suggested sending the EE to anger management counseling but upper management doesn't think this EE will attend and further feels that they do not want to do anything at this point to lose the EE.
  • Then there is nothing you can other than protect yourself. Write a memo to your management to formalize your concerns and keep a copy in case you ever need it.
  • This EE has been this way in your company for years and years. His behavior has been tolerated and as far as I can tell from your post, this last incident is the only time he has been talked to.

    Upper management has been informed of his behavior and made a judgement call, right or wrong. They get to make these decisions and live with them. You can challenge the decision and recommend additional action, but it is still their call.

    Now the supervisor wants more action, he/she has probably been waiting for a long time for the right incident to push along for further action. This is the same supervisor who has been the recipient of the EE's temper outbursts. This supervisor should have been documenting this unacceptable behavior all along. Now he/she wants you to take up their gauntlet with upper management and move this problem EE out the door.

    This is not your job!

    It is the supervisors duty to supervise this EE, not yours. This supervisor should write it up and go to his/her boss for action. You can support it or not if you are called in to opine, but this supervisor should do his/her own work. Perhaps some training is needed, but that is another story.
  • This seems like a text book case from HRHero's "Ten Danger Zones for Supervisors" training video that HRHero offers. If you don't document now his statements and behavior then when upper management changes their minds and want to fire him they won't be able to. At the minimum you should document, document, document!

    Sure, right now upper management feels like all they have to do is "talk" to him, but sooner or later the ee will offend even them and they will want to terminate.

    We have a situation right now where one of our dept heads wants to term an ee for something he said. The Supervisor claims the ee is an instigator and this is not the first time he has said something, that the ee has always tried to undermine him. But guess what? He never documented any of the alleged behavior from the ee in question. You take a big chance of ending up in court defending why he was fired when he has a clean record.
  • I agree, when I am ordered to go do an investigation and bring conclusion, I will but that is not our HR role. Document, document, document and back yourself out of this situation, and push it to where it needs to be and that is squarly in the lap of the operators and not the supporting staff.

    PORK
  • [font size="1" color="#FF0000"]LAST EDITED ON 04-14-05 AT 08:26PM (CST)[/font][br][br]Sorry; I didn't intend to post.
  • Do you have a progressive discipline policy? I would give him a written warning about his behavior (have him sign it). Make it clear that the company WILL NOT tolerate any angry outbursts or any type of violent behavior. Any future occurance will result in termination.

    Since you already talked to him, I would still do the written warning as a follow up to your conversation with him.
  • Would suggest another conversation with the senior managers and bring along several items as part of the discussion.

    1. copy of your anti-harassment policy and what you state you will do (assuming you have the policy - if you don't, would look at writing one)
    2. examples with the $$ of situations where this has been brought to management's attention and the ugly ending in the court - make sure they're aware that a company is already in the negative the minute they step into a courtroom as most courts tend to side with the employee not the employer.
    3. what this has already cost you - you've lost a valued employee and could lose others
    4. effect on morale
    5. what chance do you ever have to curb this with anyone else if you don't act upon this
    6. as anyone who's got kids can attest - he's pushing the limits. Sounds like he hasn't gotten pushed back or brought in line - hate to see what he thinks he'll be able to get away with next...

    Good luck with this.
  • I would also suggest you find a replacement trainer. Nobody wants to be treated like an idiot at their job when they don't know what they are doing in the first place.

    Recommend that another employee be trained to be the trainer and get that guy away from new people. Your company isn't presenting a very good image if that is the first person new employees come in contact with.
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