HR Nightmare (An altercation with resounding implications)

HRStork · December 2002

We are a small company where everyone knows each other and, for the most part, are friendly towards each other. All involved in this situation are friends (except for the two women who had the altercation).

Recently, an employee (employee #1) intentionally bumped another employee (employee #2) causing employee #2 to spill hot coffee all over herself. No appology was given by employee #1 and later employee #2 overheard #1 bragging about the incident to at least 2 other people. #2 came to HR to lodge a complaint about the incident.

While all this seems clear cut there are some other factors involved with this. #1 and #2 are in the same department. Apparently, #2 is dating their manager, who is/was also a close friend of #1. #1 has been extremely upset over the dating situation, however, there has been no overt signs that they are dating and we have no hard policy which prohibits managers from dating subordinates. The practice is discouraged.

In fact, #1 has come to me "informally" and has asked what she should do, citing a hostile work environment. However, she has only minor work related complaints about #2 and the manager. I told her to write a formal complaint to either myself or the director in charge of the section on several occasions outlining what her problems are, but she has yet to do so.

In other words, while the personal relationships are suffering, there really is nothing work related for me to act upon against #2.

I know that once I confront #1 about the situation, that the situation will escalate, causing more problems.

This is a prime example of why companies should have a hard and fast fraternization policy in place.

Does anyone have any suggestions on how to difuse the situation now that we are basically stuck?

Can anyone help me forseeing any aditional legal problems we may face?

Thanks

Theresa Gegen TX · December 2002

Employee #1 physically assaulted another employee (#2). That is unacceptable. Luckily #2 was not seriously injuried by the coffee, but she could have been seriously burned or got it into her eyes, etc. Then employee #1 has the nerve to BRAG to other employees about her bad behavior.

Sounds like to me the situation has already escalated.

Employee #1 needs to be counseled in writing.

Then the manager needs to be talked to. Whether you have a policy on dating or not, his personal relationships have spread into the workplace. That is unacceptable. Also, it is his responsibility to supervise these people. If he cannot do it effectively, he is not doing his job.

Good Luck!!

Gillian · December 2002

Where is the boss of the manager in all this? That person should be talking to the manager about the problems that occur when managers date employees who work for them (there is a reason why it has been discouraged), and telling the manager to clean up the mess that has been created. Short of that you can tell the employees that work performance problems create the need to put things in writing that neither employee wants in their file. That won't do much good though, if the manager is going to stick up for the employee #2.

SDDCHR · December 2002

There is no such thing as an "informal" complaint about a hostile work environment. Nor, should you advise one to put this in writing before you act upon it. It is your responsibility to investigate the circumstances involving the complaint and document your findings. You then need to advise the employee who has made the complaint of the findings. Obviously, there is no evidence at this time of a tangible employment action. But, if one employee is having a relationship with another in a management position, this could very well become the case. I would investigate and put a stop to this now! I think this could become a problem that will perpetuate into something big?!

Paul in Cannon Beach · December 2002

Yeah, you have a problem. EE#1 has crossed a line (assuming that you can confirm that EE#1 did intentionally spill coffee on EE#2).

You have a lot of issues here. EE#1 has raised the hostile environment issue. However, I would stick with the facts and proceed carefully. My recommendation is that you don't allow fear of what COULD happen obscure what HAS happened. Your current problem is an out of control employee whose innappropriate actions will only escalate.

If you don't deal with EE#1 in a very clear way, you will send the message that you are powerless to stop employees from intimidating eachother.

Paul

HRStork · December 2002

I am in the midst of conducting a thourough investigation of the incident. I have some additional questions.

When there is a manager dating a direct subordinate, what are the legal implications for the other people he/she manages? If the manager is treating everyone fairly (as determined by the manager's supervisors) are their any types of lawsuits the other members of his department can claim? One of the people under the manager is saying we are subjecting them to a hostile work environment. Can they possibly have a claim?

Thanks.

Parabeagle · December 2002

Recent case law indicates that many courts are unwilling to let a hostile environment claim prevail unless the conduct was sufficiently severe or pervasive to alter the terms and conditions of employment and create a discriminatorily abusive working environment. What, specifically, are they claiming constitutes this "hostile" environment?

HRStork · December 2002

They are saying that there is favoritism between the manager and the person that he is involved with for one thing and that it may be impeding their status and future progress.

Parabeagle · December 2002

Sounds more like they're trying to assert a claim that you're violating the employer's duty of good faith and fair dealing. Is there any documentation that would support their allegations (performance reviews, etc.)? If so, I suggest you talk to your managers ASAP and get them to deal with the underlying problem.

Gillian · December 2002

Cases have been mixed on this issue - some have sided with the employee and others with the employer. There isn't anything definitive from a legal perspectivel

System · December 2002

Having a manager supervise his girlfriend can theoretically be fair and legal, but it's hard to tell for sure. And the employees who aren't sleeping with the boss will never believe it. The only way to get to the truth is to get sued, spend tens of thousands of dollars in attorneys' fees, and wait for the court's answer. Not worth it.

James Sokolowski
Senior Editor
M. Lee Smith Publishers

HRStork · December 2002

I guess that is one of my bottom line questions. What claim can other employees (not involved with their manager) have against the company and how easy is it to prove?

System · December 2002

A creative plaintiff's lawyer probably would try every legal theory, including sex discrimination, sexual harassment, and maybe some others. This could end up in a messy factual dispute, since you'd have to figure out the manager's motives for all his decisions regarding the pay, performance, attendance, assignments, disciplinary records, and opportunity for advancement of the girlfriend compared with her co-workers. Depending on the facts, I think you'd have a pretty decent chance of winning the lawsuit, but you could have very big attorneys' fees.

James Sokolowski
Senior Editor
M. Lee Smith Publishers

Pork · December 2002

It is also a great reason to have a problem resolution policy & procedure! For now the situation is so tangled; I would consider all prior actions as null and void. Now, get out three policies.

Fraternization Policy: one can or one can not be in a friendly association if....
fighting: one can or one can not fight verbal or physical with another employee whether equal or not...if one defends self with counter action both are considered as fighting and will be terminated.
problem resolution: once one has a problem or concern how does one get the concern resolved... turn it back to the lowest level possible.

If you are interested I am willing to give written words from our handbook which has been reviewed over the last 8 years several times and you would only need to add your words to fit your needs and state laws. Good luck Pork

Patti · December 2002

When you have favoritism in the workplace - everybody in that area feels it. Productivity goes down. I would have a talk with the managers and find out what the underlying problem is, before this situation gets even worse.

HR Nightmare (An altercation with resounding implications)

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