Constant Complainer
Beverly
4 Posts
We have a long-term employee, member of a bargaining unit, who cannot stop complaining. This employee does her job well; however, she has made numerous complaints to management and to the company's ethics office. The complaints originally were concerning alleged inappropriate management behavior. Investigations were conducted and several of these complaints were substantiated. As a result corrective action was implemented and management/supervisory training was conducted. However, this employee is never satisfied. She now claims that she is being retaliated against because she made these complaints. She claims she is constantly being singled out and denied promotion opportunities and/or requests for leave time just because she had filed complaints - not because she is unqualified for the promotion or because she has failed to comply with the CBA's terms for requesting leave (which is the real truth.) The retaliation claims have been investigated and were found to have no merit. She then filed an EEOC charge of racial discrimination which was dismissed and she now holds a Right to Sue Letter. She continues to bombard the ethics office with "whiny" complaints of mistreatment and insinuates that she will file a lawsuit or go to the press about her mistreatment. Management is tired of dealing with her, the union is tired of dealing with her, the ethics office cannot spend all its time dealing with her (it is a one-man office which services 7000 employees.) Everyone is walking on eggshells while this individual seems to be able to get away with wreaking havoc.
She continues to make demands of management and the ethics office using a very disrespectful tone although she always begins with "please" and ends with "thank you". She knows how to play the system so that you are walking a fine line for disciplining her for being disrespectful. Although the context of her messages is disrespectful and demanding, she uses the politically correct manner words.
What can we do with this employee? She is having a demoralizing effect on her work group and management is completely exasperated.
She continues to make demands of management and the ethics office using a very disrespectful tone although she always begins with "please" and ends with "thank you". She knows how to play the system so that you are walking a fine line for disciplining her for being disrespectful. Although the context of her messages is disrespectful and demanding, she uses the politically correct manner words.
What can we do with this employee? She is having a demoralizing effect on her work group and management is completely exasperated.
Comments
Now she's written the most rude, disrespectful, sarcastic, insubordinate letter to her department manager over a scheduling issue - claiming retaliation for the whistle blow.
I've been paged, called, and emailed by this employee three weekends in a row. It is never going to end.
We've found that it sometimes helps to tell people that life is too short to be so unhappy and ask whether they have thought of looking elsewhere for employment since it seems they're not happy or satisfied working for us.
Then of course they sputter........say well it's not that bad etc. I then tell them I really don't want to hear their complaints over every little thing. If you don't like it here, and are unhappy quit, otherwise quit complaining. Of course I wasn't an HR guy when I did this.
My $0.02 worth.
DJ The Balloonman
Unfortunately, you are likely stuck with this person. Retaliation is hard to disprove, especially when performance and attendance are good. Some of our best success in periodically adjusting an employee's attitude is have an interactive discussion with her about what outcome she is wanting to resolve her complaint. We discuss options, reach an agreement, document it all, and then move forward in keeping our part of the agreement. If she wains from her part of the agreement, we pull out the paper and remind her of what she agreed to. While she might complain, things are generally better than they were and with these kinds of agreements to pull out and discuss with her, she doesn't fuss near as much.
I feel for you. Contact your attorney, pull all the involved folks together and start putting together your documentation as if you were going to trial, see what you have and then take action. Good luck!
It is then EEOC and the attorney "DAWGS" that will attempt to tie your termination action to discrimination under any protected class and Title VII.
Probably, you should find a way to use her talents in some other capacity in some other location, and then order a transfer for the companies' best interest. Maybe, she will refuse and seperation then becomes mute, terminate and do not waste your time trying to fight UE claims.
As a minimum the individual needs a letter of instruction, which lays out the companies' case for viewing this ee as an "attitude problem" as witnessed by the company management, labor, and the Union. Address the "specific behaviors" that must be changed, identify the physical actions that the company and the Union expect to see in order to properly identify the things accomplished, which demonstrate a supportive behavior and attitude!
PORK, from the very wet state of MS.
P.S.Have the Department Manager sign and issue the letter, if Union rep. will willing sign as a witness, then do it, but don't let the Union's reluctance stop your action!
Good luck, PORK