Discrimination/Harrassment

Sorry this is long:
An employee is leaving soon, the employee gave a six-month notice to help the company find someone to replace her. The situation is this: One of the supervisors may be discriminating against her. A replacement was hired a couple of months ago. The leaving(l)employee asks on a daily basis if she can help with something and is told no, if she tries to do anything she is told to leave it alone. The supervisor has also made some very rude comments about the (l) employee to higher management. Because business is a little slow, the (l) employee was told that it would be good if time was taken off, this included the replacement employee. The supervisor complained that the (l) employee was taking time off, something that the supervisor wanted to do before this employee left. When this changed the supervisor decided that she did not like this and told the (l) employee to take the next day off. The supervisor complained that the (l) employee was not performing her job, even though the leaving employee asked daily if there is anything that can be done. When the leaving employee gets up and does something, the supervisor tells her no, leave it for the replacement employee.

One night the supervisor called the (l) employee told her that she did not need to come into work the next day, that the supervisor would go in, because she had to take care of somethings. The (l) employee asked if the supervisor needed anything to let her know because she did not want to take the day off. The supervisor agreed. However, the (l) employee found out that the supervisor had called the new girl to come in prior to calling her to tell her to take the day off. That same night the supervisor told the (l) employee that she was upset with her because she made a mistake 14 days prior and that she was not happy because (l) employee sits around and does nothing. The employee leaving wants to do something but the supervisor won't let her.

Here's the worry: Can the (l) employee view this has harrassment from the supervisor? It seems clear enough that the supervisor has some issues with the (l) employee. To call her, tell her not to come to work because there is nothing to do, but calls in the new employee does not look good. And what can be done about the supervisor? The (l) employee did not have to give such an advanced notice but was trying to help the company out and feels that this supervisor has a personal vendeted against her. Our company has no policies on this type of matter.
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Comments

  • 45 Comments sorted by Votes Date Added
  • Quite a post! Do all the (I)'s mean that the 'leaving employee' is the poster? What it sounds like from the post is that the employee gave too much notice, the company hired a replacement possibly too soon, and there's not enough work for both employees. Your post doesn't sound particularly like there's harassment going on, at least not harassment which would necessarily be illegal. Unless there's more to the situation than you posted. It just sounds like an uncomfortable situation which all three of you may have to put up with until the leaving employee leaves. Good Luck.
  • I agree with Hunter1. Six months is entirely too much notice to either GIVE or ACCEPT. The company's acceptance of notice by no means locks the employer in to a six month period of two people in the one job. I think my gut is to go ahead and cut the employee loose, thank her for her time with the company and move on. I would pay no more than a two weeks notice period. Unemployment laws will not require you to have paid out six months of leave time or to keep her that long. That is unreasonable. The rule of 'who initiated the separation' will likely come into play in the UI process. Regardless of that, it makes no sense and is going nowhere for this situation to languish with two people bouncing around in each other's way and one of them getting hurt feelings because of imaginary or real incidents. Nor do I think we have discrimination here. An employer is perfectly within his rights to think beyond the leaving employee's world and make his own business plans to advance the training of the new employee, and he can make his decisions about how quickly to integrate her into the workforce and the company's day to day operations, without regard to the leaving employee getting her pants in a wad. If YOU are indeed the leaving employee, you should arrange to leave this week and get your feelings off your sleeve. If it is someone besides you who is leaving, this advice applies to her as well.
  • An employer is perfectly within his rights to think beyond the leaving employee's world and make his own business plans to advance the training of the new employee, and he can make his decisions about how quickly to integrate her into the workforce and the company's day to day operations, without regard to
    >the leaving employee getting her pants in a wad. If YOU are indeed the
    >leaving employee, you should arrange to leave this week and get your
    >feelings off your sleeve. If it is someone besides you who is leaving,
    >this advice applies to her as well.


    First let me say that this employee is not me. Second let me state that this employee has been a help to this company. The reason that she gave a six months notice was because she, from the start, knew she would only be around for two years (military). We are not just going to cut her or treat her like that. That would be wrong. There is plenty of things that can be done by this employee. The supervisor has the problem and could utilize the leaving employee if she wanted too. If we could, we'd get rid of the supervisor!

    Third, for you to talk the way you do is not very professional either. There is no panties in a wad here or feelings on the sleeve. We have had problems with this same supervisor in the past with other employees.
  • Anna: You need to learn real quick, if you don't already know, that we on the Forum are a large family who help each other and feel somewhat like we 'know' each other. I'm nobody, but I welcome you to that group and invite you to participate freely, even loosen up. Our interaction with each other often includes humor, to-the-point frankness and tough love. We don't dance around issues and don't try to decide whose feathers we might ruffle and certainly don't get involved in gender-correct remarks, whatever that is. I don't find that I mentioned the word panties in my post; that was your selection. Sounds like to me you already know how you wanted to proceed before you posted the problem, so, one might wonder why you posted it. Like another poster, I too wondered why you kept inserting the capital of (I) if you were not the one with the problem. So, your resolution, as you already knew is (1) Keep her on the job either in that position or switch her to another and stretch the budget to accomodate that, or (2) Send her home with your well-wishes, right after the party. The supervisor is under no obligation to schmooze with her for 6 months. He's got obligations to meet.
  • If there is more than enough work for the leaving employee and the new employee, then why can't you address the supervisor for inability to delegate, and the lack of ability to do the job - supervise? You said there was plenty to go around, so that means something must not be getting accomplished by not allowing the leaving employee to do anything or even come to work.

    Additionally, the new hire for two months with the outgoing employee is way too much. Should have set a date no more than a month, and better for two weeks, before the leaving employee actually left. Training, good bye parties and poof, you're done.
  • >If there is more than enough work for the leaving employee and the new
    >employee, then why can't you address the supervisor for inability to
    >delegate, and the lack of ability to do the job - supervise? You said
    >there was plenty to go around, so that means something must not be
    >getting accomplished by not allowing the leaving employee to do
    >anything or even come to work.
    >
    >Additionally, the new hire for two months with the outgoing employee
    >is way too much. Should have set a date no more than a month, and
    >better for two weeks, before the leaving employee actually left.
    >Training, good bye parties and poof, you're done.


    The company made the mistake of bringing someone in that early to learn everything. The new girl should only be on a part-time basis until the other one leaves. Thanks for the reply. It's a rollercoaster and hopefully one day the sup leaves! A underqualified female was hired over qualified people because the sup doesn't want anyone "smarter" than her to work there! Does this tell you something about the sup?
    Thanks anyway.......
  • The supervisor may indeed have some "problems," but nothing you've posted indicates any kind of discrimination or harrassment. If the supervisor prefers to have the new employee do specific tasks that's within his right as a manager. Also, as Don has noted, if you ask questions you have to be able to hear the answers without taking offense.
  • As the others state, this does not sound like harrassment. However, if you have had other problems with this supervisor, you should be disciplining them.
  • >The supervisor may indeed have some "problems," but nothing you've
    >posted indicates any kind of discrimination or harrassment. If the
    >supervisor prefers to have the new employee do specific tasks that's
    >within his right as a manager. Also, as Don has noted, if you ask
    >questions you have to be able to hear the answers without taking
    >offense.



    I am not taking offense and can take the responses fine. I was not expecting to hear comments like "panties in a wad" etc. This topic could go deeper but I will leave it at this. The supervisor basically punishes the employee because she has a personal problem with her. It is not the first time she has done it and probably won't be the last. Having her written up or anything at that matter won't be done. There are NO guidelines, policies, or anything else that the company has; and the owner will not do anything.
    Thanks for the information.

  • I think there are a couple of things you could do here.

    1. Cut the leaving employee back to part time until she leaves

    2. Pay out severance pay and have her leave early

    3. Set up a schedule with both employees and have them job share until the current employee leaves. If it were me, I would set up job sharing. That way the leaving employee can train the new employee and both can do the job. It would also leave the leaving employee less exposure to the supervisor.

    Just my ideas.

    Valentine
  • Since you have not posted a profile, I am guessing you are female because of your reference to the panties. The Forum, at times, can be a rowdy group of good hearted professionals that get to the gist of the problem and then share their thoughts. Sometimes the un-initiated take a poke and are smarting from the zing. Not to worry, it's all in the growing process.
  • Although I made the mistake of referring to the poster as 'Anna' I don't make the assumption now that she's female. On second thought, he/she now mentions "the new girl" which is an entirely inappropriate comment for an HR person to make and also mentions "underqualified female" being hired "over qualified people" (who I assume to be male) and the female supervisor who "doesn't want anyone smarter than her". Those sorts of assumptions on the poster's part indicate indeed a prejudicial attitude that may point to the precise point at which discriminatory thoughts exist at the company.

    I can't let it go by that in the same line the poster mentioned the famous 'panties in a wad' and 'subjects that can go deeper'. There's got to be an intended pun there somewhere. By the way, once again, it was not I who first mentioned that word if you would care to reread my first response. The item in my post that got in a wad was entirely genter neutral. x:-)
  • "Having her written up or anything at that matter won't be done. There are NO guidelines, policies, or anything else that the company has; and the owner will not do anything."

    anaconstr: There's the problem! How can you possibly perform any HR functions when you don't have a clue if something is - or more to the point - would be considered wrong? And what steps you should take if it is? If HR is indeed part of your job, it may be time to look for another!

  • >"Having her written up or anything at that matter won't be done. There
    >are NO guidelines, policies, or anything else that the company has;
    >and the owner will not do anything."
    >
    >anaconstr: There's the problem! How can you possibly perform any HR
    >functions when you don't have a clue if something is - or more to the
    >point - would be considered wrong? And what steps you should take if
    >it is? If HR is indeed part of your job, it may be time to look for
    >another!

    This is just not directed to you but other responses.

    Look I am not trying to offend any. I just wanted some sound advice. Yes, I am a female. No, I am not in charge of the supervisor. No, I am not pouting, sorry! :) I really believed that this was a serious board, with serious responses. I guess that I should have looked around a little more before posting and post a little more descriptive and factual to avoid confusion from members or members thinking that I am pouting. The comment on the hiring is a fact, not discrimination on my part, not pouting, none of it. It has happened. Would I like written policies and procedures, have been fighting for some time to get it started.....hasn't worked yet! That is one reason I posted because there are some "practices" in the company that could hurt the company because of lack of policies, etc.
    Again, thanks for your time, this will be my last post, and all take care!
    Signed,
    "The nonpouter"
  • Please don't leave the forum. It sounds like you have some genuine frustration with the lack of policies, rightly so. You can get some great advice here, if you take it with a grain of salt.

    I haven't been on the forum long but I have learned not to take anything personally but to look for the advice needed and have come to enjoy the crazy zings, especially from Don D. He has a unique way with words and sayings :-)

    Valentine
  • Oh well, here goes.... I will differ with your finding that the person who posted Discrimination/Harra etc. is not a female. As you read the different posts, you can practically see the writer pouting. A male wouldn't pout he would be aggressive and protect his turf. :-?
  • I don't think it matters what the gender of the poster is. I think the real question is- did these wadded panties have the confederate flag on them?

    Please, can we lighted up and read the responses to posts correctly? Don, I'll back you up- it was PANTS!
  • >I don't think it matters what the gender of the poster is. I think
    >the real question is- did these wadded panties have the confederate
    >flag on them?
    >
    >Please, can we lighted up and read the responses to posts correctly?
    >Don, I'll back you up- it was PANTS!


    Ha!Ha! That is funny. If I misread PANTS, it is because I read in a hurry. Second, normally the phrase is "panties in a wad". I take it these comments like "did these wadded panties have the confederate flag on them", mean that you have nothing better to do. I'll make sure that I don't recommend this site to anyone else. And by the way, I am not from the South!
  • Ana, the flag reference was not against you it was referring to another heated post a few months ago. I'm sorry it went over your head since you are new. This forum is filled with a plethora of professional HR people that know what they are talking about, it's too bad you don't feel the same. We share ideas, wisdom, issues, and laughter on this forum and all of it has helped us become better at our jobs. As Don said earlier, we are a family of HR professionals, and we are constantly growing. He welcomed you as do I, but it seems it might be too little too late.
  • Dear Anaconstur: Take a deep breath and stop a minute. If I was too rash with my posts, then I sincerely apologize. I had no intentions of angering you. I did not think that my pouting statement would irritate you. It was just a way to differentiate the sexes. Perhaps if you take the time and review some older threads, you'll see that each of us has been on the hot seat one time or another.

    You could also try a piece of chocolate. x:P
  • As a veteran of the Confederate Flag War, I am certainly glad I sat this one out! x;-)
  • Wow - I am sorry you have misinterpreted so many of these responses. Including mine.

    All I was saying was how difficult it must be to perform HR without any policies or guidelines in place. I was wondering if perhaps you were in another department - it's usually Payroll - and these situations got dumped in your lap because there is no HR.

    Y'know, HR folks are as - or more - likely to get screamed at because we made something bad happen rather than thanked because a situation was saved. Thick skin is usually a requirement.
  • >Wow - I am sorry you have misinterpreted so many of these responses.
    >Including mine.
    >
    >All I was saying was how difficult it must be to perform HR without
    >any policies or guidelines in place. I was wondering if perhaps you
    >were in another department - it's usually Payroll - and these
    >situations got dumped in your lap because there is no HR.
    >
    >Y'know, HR folks are as - or more - likely to get screamed at because
    >we made something bad happen rather than thanked because a situation
    >was saved. Thick skin is usually a requirement.


    I am not upset nor pouty nor anything else. Like I stated, I should have read through ALL of the post before posting myself and reworded everything to sound more organized. I am not offended, but have shyed away. The postings are not what I expected!

    It is very hard to work for a company that has no policies or procedures, or keeps documentation; especially when the experience that you have is much more stable and the type of education you have is more intense than the so-called "supervisor/manager" who has no type of formal education or training. The things that I have witnesses can hold consequences for the company but it seems the top dog is blinded. As my comment on the hiring. The new girl was brought in temporary for two days. An ad was placed for a replacement. The sup interviewed two very-qualified employees, she either told them the position would not open for several months or made some other type of excuse. She than decided to keep this new girl on. The new girl is nice, but has no skills whatsoever, none. She doesn't know what a drop down menu is on the computer. Why would someone want to hire a person without skills, have to show them how to type Word documents,etc. when a qualified person can be hired? For me, this is hard to see because I am aware of the consequences on some regulations. I beat my head against the wall wondering what is wrong with the sup. It isn't my business but I would want a person who has skills and a reliable employment history. My goodness when I started, prior employee information was released....all or any of it...without permission from the prior employee. I guess that I have just beat my head up against the wall for awhile and needed an outlet. I will take your comments lightly...just remember that sometimes us newbies are trying to be serious and are not prepared for some comments...

    Thanks,

    PS I will change my login to "Not Poutin" :)
  • Gentlemen (and ahem, ladies), I must defend my honor. I have been in HR too long to ever make a statement including 'panties in a wad' except at home, in the event my wife's were. I consider it a sexist remark and am allowed to make such sexist remarks only at home, where I have the freedom to most anything I like. Instead I might use the generic 'pants in a wad' or 'twisted shorts'. There's nothing disrespectful meant, only an attempt to paint the picture of a squirming, terribly uncomfortable person, with whom most can identify at some point or another.

    It would indeed be blasphemous to have underclothing of any description made of cloth resembling a flag of honor, that one or any other. To ANA: please give us a fair chance at regaining your respect. May I suggest you spend at least one hour visiting various posts before you jump to conclusions and not attend again. We need all the talent we can get, including, most importantly, new talent and new visitors. Stay and you will laugh this off one day soon and be one of our best participants. Don D.
  • Wow! I haven't checked the forum for a week and look what happens! I have found the forum as an excellent source of information as well as a good laugh now and then. Also, as HR people, don't we have to be able to take the tough knocks? I think it is included in my job description?? No one ever said this job was easy!
  • >Gentlemen (and ahem, ladies), I must defend my honor. I have been in
    >HR too long to ever make a statement including 'panties in a wad'
    >except at home, in the event my wife's were. I consider it a sexist
    >remark and am allowed to make such sexist remarks only at home, where
    >I have the freedom to most anything I like. Instead I might use the
    >generic 'pants in a wad' or 'twisted shorts'. There's nothing
    >disrespectful meant, only an attempt to paint the picture of a
    >squirming, terribly uncomfortable person, with whom most can identify
    >at some point or another.
    >
    It's true "terribly uncomfortable person" and uneasy about posting. But "PANTS" in wad doesn't paint the picture......Also, as an HR person would you not think that some people would take "PANTS in a wad" as a sexist remark as well? Just curious.....
  • Ana: The pants in a wad remark was directed at the employee who felt she was being rebuffed and ignored at the company as she was leaving. You do indeed read too fast. The Confederate Flag remark was directed at ME, since I posted so often to a subject on that one about 5 months ago. I've got a great sense of humor and can take it and give it with the best, so I wasn't offended, in fact found it delightfully friendly. So, see...you are personalizing way too much here. We are a bunch of HR professionals who happen to live on the same wing of the asylum where our Forum Access Computers are located; it's just that simple. We love each other and you too. No, pants in a wad is not offensive, unless you let it be and cause it to be because of a notion you conjure of the situation. It is essentially the same as the old 'burr under the saddle' no less, no more. Nothing sexist, nothing sexual. Please lighten up before you implode or you'll not grow at all as you launch into your new field. We're here to help and also hope we can call on YOU to help us as well. Have a good one.
  • Well, since I started the replies to this post, I almost feel compelled to make an attempt to wrap it up. What an interesting thread it turned out to be! After several posts, I think we all have a better understanding of the situation. It now sounds like the person may have given 6 months notice because of a situation (military?) which they were aware of far in advance.
    It also sounds like you are in a no-win situation, with a bad supervisor, and a owner or CEO with some problems. I, too, have had to deal with a supervisor who didn't want anyone in her department who knew more than she did. We got rid of her (and replaced her with someone who knew more than she did!).
    It seems to me like you may have to just live and learn through this situation and polish up the ol' resume. It doesn't pay to keep banging your head against the wall indefinitely. Anyway, welcome to the Forum, I was glad to see that you had possibly changed your mind and were thinking about changing your logon rather than giving up on us. Have a better day, and come back to visit with us.

  • anaconstr: As others have said, the Employers Forum is like a family. But so are the Osbournes.

    If you stick around, I think you'll see an amazing amount of good advice and mutual support. If you decide to leave, we wish you the best.

    James Sokolowski
    HRhero.com
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