Long Term Employee - Long Time Pain

Rockie

I am dealing with an issue in our medical practice that will,by all accounts, turn into a nasty situation.

Long time employee who no longer fits into the goals and objectives of our medical practice and is unwilling to change to fit these goals and objectives. Anyone who has attempted to supervise her (with the exception of one person) has met with resistance, backstabbing, lying and all around attempting to get the supervisor in trouble. She goes all around the chain of command to address issues. She goes to physicians with issues before she attempts to address them with her supervisor. When all else fails she plays the "race card" stating the supervisor always asks "the black employees to do a job".

Technically, she does a good job when she feels like it, but the grief and stress she causes is beginning to be so not worth it.

The issues and deficiencies were outlined to her last week and I advised her that this behavior was ending "today" and would not be tolerated in the future. She disagreed with everything written and wanted to respond in writing at a later date.

She has called out "sick" the past two days...so we know she is up to something,probably legally.

Have any of you ever encountered an employee from hell and you know the atmosphere would be so much better if they were no longer here? The bad thing is....you know they will not go quietly and you are just waiting for the other shoe to drop!!!

ray a

Of course, who hasn't. A couple ways to address it, first any time they screw up use your disciplinary process to address. In my case, I would follow our verbal, written and suspension process then terminate. With higher level ee's, such as directors, we have given them a document that outlines their deficiencies with a get well plan. If after a reasonable period, say a month, there is no improvement we then have terminated.

Irie

I agree with ray's approach and remember to document, document, document. Good luck.

LarryC

If she wants to sue you, she is going to no matter what you do or how you do it. Your best protection is documentation and keep race out of the discussion, even if she brings it up. Keep your documentation focused on the performance.

davids

I agree with other posts. However, an important consideration is how you have dealt with other disciplinary issues or employees who have caused general grief. If you have responded to other employees with discipline less than termination, or have not disciplined at all, your situation is ripe for a discrimination complaint. If the employee can show that another employee has been guilty of more than she is being accused of and was not terminated, a jury could believe that race was the controlling factor in your decision.

Toto

Everyone is right about documentation and David was on target about how you may have handled other employees. Hopefully, you have documentation of previous incidents, if not you may have to bite the bullet a little longer so you can document conseling and progessive discipline sessions. Be careful not to make it look like you are "just building a case" but sincerely trying to help her turn things around.

Another possibility that may be faster, offer her a separation package with a signed libility release drawn up by your attorney. She may take it and still sue but it may protect you. Always treat her with dignity during the process but this is a performance issue, not a race issue.

NaeNae55

Years ago we had an employee who sincerely felt that there were 2 sides to any office. The good employee side, and the mean-cheating-lying-use you if I can-management side. Company management's behavior was not a factor in her coming to her belief system. She apparently had it before she was hired.

After some 20 years with the company she got a manager who calculated how much time was spent calming situations the employee stirred up. The manager complained to the CEO who suggested a sum of money if the employee would leave. The employee was surprisingly thrilled (look at the control it showed she had) and accepted the offer. The change it the atmosphere after she left was amazing. What was really surprising, was how little money it took.

If I were you, I would seriously consider giving her an offer.

Good luck!

Nae

WT

I have used a probationary period to some effect. Give the employee a set period of time and tell them that they must improve in that time and must not do (*******) whatever it is that you want to stop. If they do not improve or if they continue the unacceptable behavior, they will be let go.

Now employees can always sue, but an employee on probation for bad behavior does not look anywhere near so good to a third party as an employee with a spotless record.