Volatile Employee

Catbert22

We had a rather volatile Sales Manager who was given a final written warning back in December for his aggressive, intimidating behavior towards our Controller and required to attend Anger Management counseling. The two of them made every attempt to avoid each other in the office but the tension between them continued, albeit without further incident, until the Sales Manager quit a month later. The Sales Manager was otherwise a very productive employee. The Controller just told me that the owner and GM (the owner’s son) have rehired this employee, telling the Controller that while they respect her feelings and apprehension about it, they need his sales skill. The Controller is extremely uncomfortable with the prospect of having this person around again. I have requested a conference with the GM. Besides the obvious liability issue if this volatile Sales Manager should take the previously exhibited aggression to the next level, do any of you have any other arguments I can use to support my position that we should rescind the offer to rehire this guy?

SMace

He was given a final warning that he complied with. He even went through anger management. If he takes it to the next level, you fire him. I see no liability. You'll set a precedent on hiring back people that quit that might come back to haunt you. But if he's productive and they want him back, so be it. Her fear and uncomfortableness of what COULD happen doesn't hold water for me. Seems like she needs to move on.

ray a

Suppose now your Controller resigns. Can the GM live with that? Who would the GM prefer to keep, the Sales Mgr or the Controller? I would not have rehired the guy since his track record is not very good, regardless of his performance. And is his performance all that good considering the tension he created must have had some negative effect on both his and the Controllers performance. But, as SMace says, he did what you told him to do and you don't really have a legal reason not to rehire.

ACU Frank

One thing you need to clarify internally, then with the Sales Manager...

Is the final warning he received in his previous stint still active? If he's under the impression that his break in service provides a clean slate, things could get ugly if the situation reoccurs.

marc

I am biased toward accounting and finance folks, so admitting this opinion pains me somewhat.

Controllers are more easily replaced than a good sales person. A good salesperson is rare. You don't find these people everywhere, and they often come with a large degree of indosyncracy that must be dealt with to integrate them into the business environment. In some ways, they are often a lot like small business owners. Often volatile, opinionated and want things their way.

Controllers are extremely important in a business, but they are often more easily replaced than finding a good sales manager. That said, the company has only looked a couple of months. Those of you who recruit know that replacing a top position can take a bit longer than that.

Also, the controller sounds a bit timid. I don't have a lot to base that on and none of us has seen the interpersonal dynamics between the two. One thing I might try is to tell them both that they do not have to like each other, but they must work together and do it well.

Since the sales manager was the one that was disciplined for the earlier issues, I would also tell this one that the last warning is still in effect. If he goes to far, he is gone. I would also send the controller to one of those "Dealing with Intimidating People" seminars.

I have worked with a lot of sales people. They are motivated in different ways than a regular work force. If you can directly link the controllers support to the success of the sales effort, you have a chance of them realizing they can make each other more or less productive. Then they get to choose.

ray a

You may be right, Marc, but I can tell you with my employer that Sales guy would be gone in a flash. No charm school. He'd be out the door. We would protect the Controller. Finance trumps Sales.

Whirlwind

Back to the liability issue, if the controller can make a case that the sale mgr's intimidating behavior is based on her gender, she could have a viable hostile environment claim. Perhaps this is not the case it all, but it bears mentioning.

SMace

Not when he has been disciplined, sent to anger management and not done anything further. If he does it again, fire him. Zero liability.

NaeNae55

Since the sales manager quit, and was not fired, your liability is no different than if he continued to work all this time. If the sales manager had not quit and had ultimately hurt the controller, you would have had to pull out your proof that you took all necessary precautions and hoped it was enough. If it happens now, you will be in the same boat.

However, if you do not hire the sales manager back, then you don't even have that much liability, small as it is.

Sales people are often egotistical and emotional and frequently need their egos massaged. A really good one is hard to replace no matter how much they are a pain. Controllers are not a dime a dozen either, but generally speaking, they are easier to find than good sales managers.

Do you frequently hire people back, especially after they have been in trouble and written up? Is hiring someone back who had anger issues the message you want to send to your other employees?

There are a lot of pros and cons to this. Only you know how your company's policies operate. If you decide to hire him back, please make sure he understands things are picking up where they left off. I would also spend some time with the controller assuring her of your appreciation for her and desire to keep her, and keep her safe.

Good luck!

Nae

Paul in Cannon Beach

At this point, I wouldnt advise rescinding the offer.

I think you would lose that argument anyways.

Accept that the sales guy is coming back but make it clear to all partiest that civil behaviour is expected in the workplace and anything less will not be tolerated.

So is the controller the ONLY person that this sales guy has demonstrated aggressive, intimidating behavior towards? Thats hard to believe.

HR In NH

This sales guy would not cut it at our company.
We have a no tolerance policy related to Harassment & Workplace Violence and we take it very seriously. Verbal abuse and bullying is a form of harassment and workplace violence. We value a safe, comfortable work environment for everyone and we do not value anyone who cannot comply with this culture. One person is not worth the greater good of everyone.

We also never rehire employees with serious or recent disciplinary actions on file. I think it's a bad practice to do so.

Strictly based on my own opinion, I think part of the problem is you are working for a family business. I also worked for one for about four years until I couldn't tolerate it anymore. They tend to bend the rules to benefit themselves instead of following the fair, ethical path. It's also difficult to get your side heard with the owner when you are "competing" with his son.

I think at the very least, this decision to rehire is poor for morale & at the worst, going to turn into an ugly legal situation.

Good luck!

Elizabetharess

I agree. This creates poor morale and if the sales person gets worse with his attitude toward the Controller, the company has the liability of knowingly hiring back someone that wasn't behaving properly. That is a big liability issue.
Good Luck

shlshsm

Catbert22: This may be a little late, but look at the facts. The Sales Manager quit. Apparently, he may have been such a good financial contributor that the OWNER & GM (OWNER'S SON) probably sought out and rehired the GM with no consultation nor input from you. You should certainly express your concerns with the GM & Owner warning them of the risks of possible litigation based on harassment, and inform them (or remind them) of the GM's past negative interactions with the Controller. Remember that you are dealing with "owner." What signature appears on your payroll check? If there is a problem, they will drop it in your lap anyway for you to handle. Been there, done that... All you can do is advise them of the possible consequences of their actions, then step back and be prepared to deal with whatever happens.