what to do?

Hi, We have had a EE for a little over 2 years. This EE has done a remarkable job with everything that has been asked of her which makes this difficult. However, we are a small "family" business with 10-12 employees. The owner (my mother) has really had it out for this EE (admin asst) who also set up our network and takes care of it. She has mentally abused this EE and well finally last week the two got into it and things were said between both of them that were not so nice. I know how my mother can be and I do know why this EE finally snapped, but I have to watch out for our family business. I had a meeting with this EE last evening and am having her write down her side of the story and an apologee to my mother. She asked if she would be receiving one and I told her no. This is all so confusing and I do not want to the wrong thing. I am fearful of a lawsuit, as I also found out that she has been writing down info that my mother has done/said to her including an email that I personally written to her stating "not to worry what XX says or does because you are doing a wonderful job and everything will work out in the end"
I never thought she would have kept it!
we have all (so I have now been told) made comments to her like

"dont worry she does not mean it personally",
"I do not know why she treats you like that"
"don't worry it is not you, she hates all women and is like that to them cause her husband used to cheat on her all the time"
"XX told her that he would come back but she has to start treating EE better"

This is just what other family members fessing up have told me that they had told this EE.

She has overheard my mother call her names and knows that she talks about her all the time. My mother has belittled all of her work since day one ( she hates technology and that is another thing this EE has brought to us) What made me start getting worried as a printed out paper on workforce bullies was found on her desk (she must have accidently left it behind) Is she thinking lawsuit? Do I need to do anything to ensure that one is not going to happen? As I am sure there is more as this is what has just come out in the last day and a half :(




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Comments

  • 56 Comments sorted by Votes Date Added
  • I personally think you should submit this to "Scripting Department - Days of Our Lives, Hollywood, California".
  • [font size="1" color="#FF0000"]LAST EDITED ON 11-26-02 AT 11:41AM (CST)[/font][p]I also work in a family owned business (with my brother &sister). Get a lawyer. Being the owner is no excuse for creating a hostile environment. Covering up for your mother doesn't help (the company knew and did nothing). Also, is this the only person your mother abuses? Finally, one of the jobs of an HR specialist is to try to prevent the company from getting in trouble. I have never been afraid to express my opinions (including when Dad was president). Has anyone told Mother about the problems her behavior is creating and the risks she is taking?
  • I know this all sounds nightmarish/soap opera! I figured if I have her write what happened and an apologee that I would have documentation of this employees/mothers arguement and that there would be no grounds for a lawsuit. Otherwise I have NOTHING for grounds on a case if she were to say "hostile work environment" Is it illigal to keep the email and use it that I had emailed in confidentiality? She was in my office in tears yesterday stating that she had never been treated like this in all her life and I really felt for her but yet like I said at the same time I have to protect the company. If she does not write the letters, do I have grounds for termination because of insubordiation? I am worried and just need all the advise I can get!
  • [font size="1" color="#FF0000"]LAST EDITED ON 11-26-02 AT 01:02PM (CST)[/font][p][font size="1" color="#FF0000"]LAST EDITED ON 11-26-02 AT 01:01 PM (CST)[/font]

    [font size="1" color="#FF0000"]LAST EDITED ON 11-26-02 AT 12:58 PM (CST)[/font]

    1. Re-read Whatevers post
    2. I wouldn't think that having documentation of an incident and an apology
    would neccessarily save you, especially if it done under the threat of termination for insubordination if it is not done.
    3. Where I work, there is no such thing as a confidential email and it is not illegal to keep emails.
    4. The last thing I would do right now would be to terminate this ee By your own admission she does a remarkable job and your mother mentally abuses her. .think about it.If you really want to protect the company, someone, at some point, will have to deal with the owners behavior or you will travel this road again.
    5. If I were you, again, re-read Whatevers post especially the part about getting a lawyer, answer the questions posed (in your mind, not neccessarily here)Good luck
  • I agree with whatever. You need to sit down and talk to your mother. Let her know the type of legal ramifications that could come about with her actions. I would also keep them apart as much as possible. Why does your mother dislike this person so much? Your mother needs to act professional.
  • Here's the thing. It's a family business, an employee cannot get along (for what ever reason) with a member of the family. The business is too small to be liable for discrimination in most states (most laws require 15 employees or more -- you need to get an attorney in your state to verify this). But the business can be liable for other civil wrongs -- like intentional infliction of emotional distress. An attorney can let you know if the facts have gone far enough to make the company liable.

    This situation has been allowed to fester and to go on too long. The bottom line is your mother is probably going to continue working for the company and probably won't change. So regardless of how great the employee is -- the employee will probably end up gone.

    I think you need legal advice about how to get out of this situation AND learn from this mistake. If it ever happens again that an employee can't get along with family in a small business (who ever is a fault), that employee probably needs to be seperated.

    Good Luck!!
  • I really feel for you on this one. You have several times stated that you want to protect the company. A lawyer will tell you how to do that but WHAT IF THE LAWYER TELLS YOU THAT YOU HAVE TO CONFRONT YOUR MOTHER. I know this is not advice. But I believe this is the crux of the situation. As I am reading your problem, you seem to be caught between your mother and protecting the company. Start preparing yourself for making one of the hardest decisions of your life.
  • Being the owner of a company does not allow one to act like a bitch. Sorry but from what you have described, that is her behavior. Very unprofessional, not to mention most likely illegal. Sounds like most are not happy there, and all fear upsetting the old gal. Maybe it is time to step to the plate, have the frank discussions mentioned earlier and discuss with mom that it is time for her to step down from an active role in the company.
    Fact is she is doing the business a grave disservice if she has not already been working on succession planning.
    I ran into an individual like this in a past company that was private, we locked horns, he yelled, screamed, and I (by a miracle) continued to offer to get him the required safety gear in a low pleasant voice. I did know the fact that I was not getting upset drove him crazy! He relented, I even got a half-way apology the next day.
    I would not accept that type of behavior as an employee and if she is as sharp as you say, her most likely significant documentation, will lend credibility to her side of the story. Just think what would the people on the jury think? That will give you the nerve to confront Mom. A shot of wiskey might help too!

    Wow, I kind of went off ....lol....that is my $0.02 worth!
  • I agree completely with Theresa, and would add to tell your other employees to stop consoling this person by telling her that your Mother has a problem with women. Yes, in a just and fair world you would confront your Mother and get her to back off, but how realistic is that? Jeez, if you can control your Mother to that extent you're a better man than I am. The main thing is to protect your business now and going forward try to come up with a plan to keep this from happening again. Is your Mother included in hiring decisions? If not, perhaps this is her way of letting you know she would like to be. This is a really tough situation. Good luck.
  • Mom is the owner and probably doesn't care, confronting her about this situation or not. Everyone is absolutely correct about the awful behavior and the impact that it has on others. The fact of the matter, though, is that this is part of the working conditions for this company so people will come and people will go. Sorry to be a pessimist on this one but I've seen too many family owned businesses. There are family business owners who understand the impact of their behavior and who are good to work for but there are many where nothing will change until ownership changes.
  • Your mother owns her own business and usually to get to this point in life you have to have some business gene's somewhere. Can you explain to her that verbally abusing talented employee's is shooting herself in the foot! Maybe just remind her that if she doesn't have anything nice to say, than it would be prudent to remain silent,O=* or better yet find something positive that will instill loyalty vs. lawsuits.

    Stuart
  • Hi, and thanks for everyones prompt replies. I tried to get in touch with our lawyer and he is out of the office/town for the holidays. Anyways, so I just had another meeting with the EE. I told her that I needed that document with evertying that happened or I would have to make a hard decision that i did not want to make. I also told her that I would not fire her then if she did it. I can terminate employment for failure to comply with my request right? That is legal? I have also asked her to write a written apologee to my mother by 5:00 tomorrow night and on Monday we will all have a meeting and try to make things right? Is it toooo late? I am still kinda worried, she was still crying? By doing this I can get in no trouble right? As I am trying to fix the situation. Also, I do not know if she has thought about this but can she get us for gender discrimination by what was told to her by the son in law!!!!! I can not believe he said that but it is kinda true. Is there anything to hold this up in the court of law?
    Thanks again for all who replied? I am stressed out awaiting Monday to come to talk with lawyer!!!!! (as you can tell this is kinda new to us- we do not have too many outside family members and nothing like this has ever happened or it has not bothered them to where I knew about it!!!)

  • Bjak,

    In your original post you mentioned that you sent an e-mail saying "not to worry what XX says or does because you are doing a wonderful job and everything will work out in the end". That statement could be interpreted as a contract. You are basically saying she won't get fired.

    Another problem I see is asking her to apologize to your mom. Even if she "snapped" at your mom, it would appear to be the result of a history of abuse. Your mom should be the one apologizing. Forcing or even asking her to apologize is only going to further humiliate the employee and give her more fuel for the already growing fire.

    My suggestion: send the employee home on paid leave until everybody can cool down and you can have an employment attorney assist you in straightening this mess out.

    Paul
  • Good advice. I agree with Paul -- it seems from what I've read, this EE already has a good case for harassment and discrimination, if she was really told the Mom hates women. Giving her a cooling off period might help. Then speak with her after speaking with your attorney, maybe with your attorney present. I wouldn't under any circumstances fire her. I'd suggest you put a grievance procedure in place so that an employee will have an unbiased avenue to air their problems and you can deal with the situation before it gets to this point. Having a grievance procedure will also show good faith in case you are sued by an employee, providing it is used. I would also suggest you put a nonharassment policy in place and abide by it.
  • I agree with Paul. Why do you want the employee to apologize? You are humiliating her. It sounds to me like your mother should be apologizing.




  • In spite of all the advice, I don't think this situation will ever be anything other than disjointed and dysfunctional. In fairness to the rest of mankind, I think you should resolve to hire nobody other than family members.
  • It sounds like the only reason you are requesting an apology is to appease mom. Now might be the time to tell mom, you are not going to ask the EE to apologize, and if anything she owes an apology to the employee. I know that won't happen, but you would be amazed what can happen when you stand up to and lay down the law to an overbearing mom.

    Well that is my $0.02 for the day.

    Have a happy Thanksgiving all!
  • I agree with Don. Just reading this made ME want to sue you FOR the employee. My wife worked in a similar situation and believe me this employee I'm sure doesn't leave this at work!! (although my wife had more self respect then to stay at a degrading job for a paycheck) MAKING her apologize to MOMMY or she gets fired? Sorry to say but even a "family" business is a business. In the real world both employees would be brought in to discuss their sides and in hearing the history the boss should have been told before it came to this. I understand mom is the owner, so if she didn't like this employee she should have came up with a way to let her know its not working out and terminate her, not degrade and abuse her while she grows your business! (some thanks) Time to run a business in a professional manner and protect all employees, or like Don said hire only family members - which brings in another point that family members don't need to be treated like this either.

    Sorry for the blow up but in light of the worldly events treating people with respect should be first on people's list. x:-(


  • You mentioned in your first post that your mother has belittled her since day one. Unfortunately, as previously posted, some action should've been taken then. When one claims a Hostile Work Environment, the courts will normally look to see if there is a tangible employment action. Another factor will be if the employer exercised reasonable care to prevent and promptly correct harassment and if the employee unreasonably failed to take advantage of preventive or corrective opportunities provided by the employer. It seems that you have known about this since day one but have taken no corrective action? If you have, make sure it has been documented.

    Also, you have done the right thing by contacting an attorney. Good luck!
  • [font size="1" color="#FF0000"]LAST EDITED ON 11-27-02 AT 09:28AM (CST)[/font][p]Let me get this straight. You had a meeting with the EE where you told her to hand over a document that could be used as evidence to prove that your Mother created a hostile work environment, and you told the EE that if she didn't produce the document you'll have to make a "hard decision." THEN you told her that she MUST deliver an apology to your Mother, who was really the perpetrator in this whole mess, NOT the victim, and if the EE doesn't do THAT you are prepared to fire her for insubordination. Right? Sweet Jesus and General Jackson. You know, it seems that every time you have contact with the EE the situation gets worse, so I like the idea to IMMEDIATELY suspend her WITH PAY until your attorney gets back from vacation and can hold your hand through this whole thing. Do it. Do it now.
  • I'm in a family business founded by my father and have had as many 7 or 8 immediate or extended family members working at one time; currently, down to 1 child, 1 in-law (president) & 1 former in-law - it works! I can appreciate both sides of the situation. Whatever's & Balloonman's responses are accurate. You don't mention what it is about the EE that bothers mom (control issues, threatened by her abilities?). Does mom want the business to continue into the next generation? It won't if she stands in its way & runs off good people. I do believe that family businesses can be short-changed by non-family ee's who insist things can never change, and have an inaccurate perception of how family businesses should/can work. Professionalize the management at your place from the top down, emulating well-run companies; It gives the family credability, it will attract good employees and pay off in improved business.
  • This brings back some painful memories for me -- the absolute WORST job I ever took (by month 3 I was looking for another job and when I got one by month 5 I was out of there!) was at a family-run business. We had 80 employees, it had been around for 15 years, and there was husband, wife, sisters, in-laws and assorted nieces and nephews working there. The president (wife) was a BEAST and the husband was right along side her. They belittled and verbally abused employees; cursing down the hallway, the husband (in charge of sales) sent accusatory nasty e-mails to employees and wouldnt stop even when I tried to discuss them with him and advise him on some more appropriate and effective ways to motivate and coach staff.

    As the company's first HR Manager I spent more time consoling tearful employees than anything else (second on my list was recruting like MAD to fill the positions of all the EEs who quit this horrid environment). Speaking to the husband/wife didnt help -- they felt their behavior was justified and they did what they needed to do to "grow the business". To them all employees were ungrateful and out to deprive them of their profits by slacking-off and screwing-around on the job. It was a destructive environment ruled by dictators - for thats how they operated. The wife (Pres) was so paranoid, she opened every single piece of mail that came in -- hundreds of pieces of mail every day.

    I think the advice you have gotten is right on the money... I would suspend the EE w/ pay until you can discuss with your labor attorney. No WAY would I make the EE apologize for what appears to be your mother's behavior.

    First order of business will be to lay out the reality of the situation for mom... perhaps wait until after you all sit down for Thanksgiving dinner however...
  • Holy Smokes the trouble family business can be.

    Here's my suggestions, for what its worth....

    1. Send the employee home on paid leave until you have a chance to talk with the lawyer.

    2. Explain to your mother the financial facts of the matter (how much it will cost to replace this individual with her varied talents and work ethic).

    3. I don't see this as a relationship that can be mended. You will have to let the employee go. I would (after consultation with the lawyer) offer a generous severance package.

    4. Be sure your mother has input in the selection of the individual to replace this position.

    5. Forget the apologies.


  • If I were this employee, I would welcome the suspension with pay so that I would have time to meet with an attorney. The only way to protect the business is to get rid of Mom. I also work for a family business and I assure you that if one of the owners acted like that the other owner would definitely confront him. If you don't get Mom under control your business will not grow and prosper. Eventually you will not be able to attract talented people because of the bad reputation you'll have as an employer. This employee is the one deserving an apology.
  • [font size="1" color="#FF0000"]LAST EDITED ON 11-27-02 AT 03:00PM (CST)[/font][p][font size="1" color="#FF0000"]LAST EDITED ON 11-27-02 AT 02:57 PM (CST)[/font]

    Thanks again to everyone who responded. I just spoke with a different attny: in a different town and it appears there is nothing she can do and i can fire here right now and I could have then. We have a small enough business and it is not direct harrassment.

    ______________________________________________________________________________

  • I recommend that you go back in and click edit and totally wipe out the previous post. You promised the woman that no one would EVER see the memo yet you posted it on the internet for God's sake! Even though you have changed around a few names, you have violated the agreement you made with her. Anybody with half a grain of intelligence could determine her identity if they so chose. You have done her a disservice and if you fire her you do her a favor.
  • Don was much too gentle. To post her note takes a special kind of stupid.
  • I have $5.00 that says she does sue, and wins! Any takers? I also am willing to bet if Mom wasn't involved in the business it would be much more profitable. I could be wrong with that but there is no doubt that an unprofessionally managed business where people are afraid to go against or disagree with management misses opportunities every day. How you tolerate working there I will never know. Good luck to you, you are going to need it.


  • I bet she sues as well. I think the poster is more afraid of her mother than she is of the employee suing. Just because the poor treatment doesn't qualify as discrimination doesn't mean she won't sue. If I were the ee I would sue for hostile work environment and intentional infliction of mental distress. The poster says she wants to protect her company, but that isn't going to happen if she continues to allow her mother to treat employees this way.
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