pay to complain?

paulbe

I have a chronic complainer situation. Does anyone have a policy that disallows writing complaints during normal work hours using company computers? If so, please share or comment.

LivindonSouth

Your real name is Paul Bejivin', right? Just kidding. No, an employer would only invite a whole other series of complaints if it tried to keep employees from constructing work related complaints on work time. This is not a battle worth choosing.




Disclaimer: This message is not intended to offend or attack. It is posted as personal opinion. If you find yourself offended or uncomfortable, email me and let me know why.

HRinFL

The act of complaining itself is Protected Legal Activity (PLA), if it is about some form of disparate treatment, harassment, illegal/unethical activity, or retaliation. While it is frustrating, it is not recommended that you take any disiplinary action. You could, exercising caution, speak to the ee and remind hi or her of any internal complaint processes that you have, the importance of bringing his or her complaint(s) to the proper person, etc. But they have "the right" to complain.

Document everything - you may need it down the road.

Gillian3

Agreed. Further, if you set up a culture of "don't complain" you won't get one when it would be nice for someone to clue you in about something you would really like to know about.

LivindonSouth

But, to play Devil's (employers?) advocate for a moment; if there were an employee (and there are) who was inclined to sit at his/her computer for several hours at a time developing complaints, even union grievances, I would not hesitate to tell him/her that work comes first and he can do the other at home or at the union hall after shift. I don't think that we are under any obligation (even that of the NLRB) to pay employees while they liesurely draft and redraft position papers against the employer.




Disclaimer: This message is not intended to offend or attack. It is posted as personal opinion. If you find yourself offended or uncomfortable, email me and let me know why.

lorrie

[font size="1" color="#FF0000"]LAST EDITED ON 07-11-05 AT 01:29PM (CST)[/font][br][br]I agree that you don't want to discourage complaining, but a couple of issues come to mind.

Are the complaints being filed in accordance with company policy? (eg: all concerns should be directed to your immediate supervisor, etc..) If she is going against this by emailing her complaints to every other employee then I think the supervisor should advise her of the proper, or more productive, route.

Is her complaining bothering other employees? If so, then the supervisor should talk with her. (Not even coworkers want to listen to a constant complainer.)

Is her constant complaining taking her away from doing her job? Again, her supervisor should step in.

The key is to redirect her instead of telling her she can't complain.

Gillian3

Agreed, again. The post didn't make clear what the complaints were about. Some things deserve complaints, others are just complaints about nothing. The former need an outlet, the latter some control.

pork1

PAULBE: Welcome to the forum; I concurr with both of the above post. Complaining is authorized and it takes many forums/forms, it is a protected right of every employee. However, someone, like his/her supervisor should have a positive counselling session with the ee and so advise them about becoming a "GO TO EE" (POSITIVE ACTIONS) for all of the right things about the world of work. A "complainer" is not one who is recognized as a "GO TO EE". If one wants,wishes, and dreams of becoming a person in the company with the "GO TO" qualities, one should first erase the reputation of a "complainer".

I do not know one single leader with whom my 65 years of life in the "world of work" who has been seen or recognized as a leader in any field of vocation, which resulted from getting issues before the leaders through a complaint or many complaints. There are times and places for complaints, but, only when the exercise is for the correction of badly designed things.

I hope you will come again to the forum, where you can learn alot and also help us all with new concerns.

PORK

Brad Forrister

You've gotten some good responses from others, but just to reiterate a couple of things:

A policy that discourages complaining is a very bad idea, because it would almost certainly run afoul of the Protected Concerted Activity guarantees of the NLRA - which apply to union and non-union employers.

Not every kind of complaining is covered. But you'd have a hard time drafting a policy that wouldn't stray over the line.

But if the complaining is really a problem, it's undoubtedly getting in the way of the person's ability to do his job. Discipline for not getting the job done, rather than for complaining.

Brad Forrister
VP/Content
M. Lee Smith Publishers

mbeam

Would also cultivate an environment of bringing issues up as many others have advised as the alternative is worse - you'll have people unwilling to bring up uncomfortable or unpleasant topics to avoid being labeled as negative.

Would also encourage people to include a suggestion along with the complaint. Or, when the person brings up the concern, ask what they think could be done to solve the problem.

As annoying as it can be, have found that oftentime the complainers don't view themselves as a pain for all they encounter. They view themselves as being helpful and raising things that others may not and are hurt when they're told that the perception of others isn't matching their own perception of themselves.

Have also asked them to be specific (i.e. exactly how many is "everyone says.....") and to speak only for themselves.

If co-workers complain to them, have encouraged the "complainers" to advise their co-workers to bring it to the attention of someone that can help them fix the problem.

paulbe

Hello and thank you for all your postings. Perhaps I should have given a bit more info about this case in order to get a more focused response. But, I believe I received a good spectrum of comments that covered it all for me.

Bottom line, in this case the complainer spent much of his time complaining and shirking his work.

Not only was the job not getting done, he was not following our conflict resolution policy in the complaint process by allowing informal meetings with the supervisor and manager as the first step of the process. Soon the complaint process became the target of complaints, and after awhile the complaints became so convoluted, it was difficult to keep track of which complaint he was talking about..... not to mention the appeals he made for denials or previous complaints.

Well, to close this story, the complainer showed up at a staff meeting last week wearing a Hooters T shirt, unbeknown to him the agenda included a sexual harassment presentation. Are you still with me.....

One thing let to another and his computer was inspected by the supervisor where over 300 internet downloads of pix of scantly dressed women were discovered.

The complainer is now sitting at home waiting for our call to come pick up his letter and personal belongings...... thanks again You All!!

LivindonSouth

Good Work! But...........expect a complaint.