open cellphone call about your supervisor

Chuck

Searched the forum and couldnt find any comments..

I have a situation where a supervisor gave a job to two employees over their cell phone, during that conversation it ended but the employee never hung up from the supervisor. The supervisor relaized they didnt hang up and heard both of the employees complain about the job, cused the supervisor and other negative statements about the supervisor. The supervisor wants to write the employee up and I wasnt sure if this would be considered protected activity?

What would you do in this case?

joannie

Our sexual harassment and anti-discrimination policy is written in such a way that any conversation overheard by another that makes the person uncomfortable is a violation of the policy. It includes derogatory comments, cursing, etc.

That said, however, I don't think I would write up the employee in this instance. If I were the HR person, I would call both of the employees in and have a friendly discussion with them. Let them know the supervisor overheard them and remind them any conversations they have on company property should be respectful and polite and that future incidences could lead to disciplinary action.

Still Need Coffee

I agree with Joannie - let them know it was overheard, and given them the opportunity to clear the air and get things out in the open, as well as a reminder that future behavior like this could have consequences.

NaeNae55

I guess it really depends on how strict your policy is regarding language, complaining and being overheard. Have these employees been spoken to before about language or the way they complain? The supervisor needs to take a deep breath and not go off half-cocked because he/she is taking all this personally. You want discipline, not retribution.

Taking all these things into consideration, you should decide if a small talk (which seems more likely to have the desired results) is the best thing, or if the employees need to be written up. Either way, you should make sure your employees have a proper way to complain when things are not to their liking. Just shutting them up will not help you in the long run.

Good luck!

Nae

Chuck

Thanks for all the input, I had a concern about it falling under "protected concerted activity" since they were complaining about work conditions and how the supervisor is running his shift. Do you think that is a concern? We have a policy that states no profanity, abusive language,etc but the supervisor spoke with the employee's a few minitues after and he states he went off on them and cused also. Any other thoughts?

NaeNae55

Complaining about working conditions is a protected activity. It really comes down to what they actually said. Was it just saying the boss was a so and so, or did they say they needed help or were working too many hours?

As far as the profanity goes, if they all used it they all need to be disciplined. Plus, if the supervisor already went off on them, they have been disciplined. This supervisor needs more training. Especially now that the employees know how to push his/her buttons.

Good luck!

Nae

joannie

I would think if you focused the discussion on the type of language used rather than subject matter you would be okay. But it sounds like there may be a more serious underlying matter if the supervisor had used foul language with them. It may be time for some serious training on your policy and proper conduct in the workplace. Just doesn't seem quite right to request discipline for an employee who exhibited behavior he/she had witnessed in a supervisor.