Employee Rights HELP!

I am a new fiscal director for a non profit. I inherited a problem employee. Specifically, this year our organization held an annual mandatory training out of state. We are a national organization and our employees rarely meet each other face to face. In order to be more efficient, build better business relationships, and squash some negativity the directors of the org. decided to hold an annual staff training. All travel and hours paid for by our organization during the work week. My employee refused to attend stating that when she was hired over 5 years ago that she was not informed of any travel requirements. She was reprimanded (written) and given leave without pay during the training that EVERYONE else attended. She is now threatening to sue. She also refuses to use email and computers. Again, when she was hired she was able to accomplish her job without the use of the computer. However, now that I am in charge, I want all of my staff to be computer literate and be able to cross train, I also really need to be able to communicate via email. All other employees of the organization use email communications. She says that the mouse hurts her eyes and she will not stare at the computer all day. She has told everyone in the organization that she will sue if "forced" to use the computer. What recourse do I have as an employer? Can I update job decriptions of my staff to include travel to mandatory training and mandatory email communication? What is the best way to approach changing job descriptions of long time employees?

Comments

  • 13 Comments sorted by Votes Date Added
  • Heck if it were me, I would overhaul all job descriptions with the requirement of computer proficiency in word, excel etc. I would also offer to send those needing it to training. If she refuses to go along document and term. I am not suggesting updating the job descriptions just to address this issue with her, like most of us that is probably overdue for you to do.
    WHile this is going on I would sit down with her, and review what you have indicated are your requirements for your employees. Don't let her get started. Explain that she has shown she does not want to grow and be part of the team. She can choose that route. You can also choose to terminate her employment if she contiues this way. I would outline the points made and document the meeting with anther present. She will undoubtedly refuse to sign any documentation from the meeting.
    I would then move forward, if she does not change her behaviors I would document & discipline until I was to the point of termination. Then I would terminate. Put some extra effort into the documentation. She will show it to any lawyer she tries to hire. If you bury her with it, showing you gave her every chance to change, and she refused, she may not even get a taker. Don't let the threat of a lawsuit prevent you from running your business.
    My $0.02 worth.
    DJ The Balloonman
  • The new requirements (travel, computer usage, etc.) are not unreasonable and I think you can unilaterally impose them, absent a union environment. Having said that, I'm assuming that you really have not arrived at these new requirements arbitrarily and that there is a legitimate business reason for them? It sounds as if you have an employee who simply does not want to play by the new rules and I suspect the more you insist the more intransigent she will become. I think you need to sit down with her and tell her that the rules of the game have changed and what your expectations are of her. Give her all the assistance she needs in terms of coaching and training to be able to utilize the computer effectively, and set the performance standard she needs to meet. Revise the job descriptions (not just hers - but everyone who is subject to the same requirements). Let her threaten to sue all she wants. You're not breaking any laws unless she can produce some document signed when she came on board that her duties would never, ever change. Good luck.
  • I agree with Beagle -
    You cannot go by what was the job description 5yrs ago, things change, procedures change this ee has to be able to change with it. I agree all the job descriptions need to be updated.
    As far as using the computer, as long as the ee receives the proper training and is willing there is no problem.
    If this is not the case document the disagreements to this and use disciplinary procedures up to termination.
  • MsFiscal: Welcome to the forum! Your ee is headed in just the opposite direction and an immediate visit with her about expectations and what she will and want do is in order. She is not the boss and you get paid to function as the boss, unless your ee has something in written format to prove that tomorrow her rules, rolls, responsibilities, and accountabilities can not be changed, she has absolutely no grounds for threats. Just the threat alone is an insubordinate act, the refusal to get on board is insubordinate, her discussions with others is causing consternation in the organization.

    Tomorrow morning she needs to be given the word to get on board before the close of business or by close of business she is to have her desk cleaned out and ready to receive her replacement who is willing to become a team player. Pay her nothing but her earnings for the last work period, show her the way out the door, and move forward without her.

    Put your orders in writing and give it to her with someone present as a witness that she was provided the mandate. Ask her to sign and date your copy which acknowledges she got the document. Don't in your letter accuse her of anything, just lay out your expected behaviors of her, we call it an "action plan for changed behaviors required of an individual employee". The matter is no longer up for discussion and your expectations are not negotiationable and are not to be questioned!!

    Good Luck!

    PORK
  • Dang! I usually never agree with Pork - but he's right on & I couldn't have said it better myself.
  • I agree with Pork. This approach is the only way to handle an employee who feels they are "in charge" instead of the supervisor and they have been with an organization so long that no one can tell them what to do, etc.

    An organization has the right to change its policies, hours of work, duties, pay, etc. to keep pace with the time. Employees who cannot or refuse to change with the needs of the organization have no place in the organization.


  • I agree with balloonman, parabeagle, mwild, rockie, inelson and pork. Whew! Proceed with your sensible plan to take your department to a higher level and to update the skills of the incumbents and those who refuse your nudgings should be moved out of their seats and others hired. Note your plans in writing, Documents your efforts to establish your goals and timelines, Document refusals and resistance, note your counseling events and, if you need to, terminate.

    If she mentions the word lawyer to you, hand her your business card and say, "Here, please, give him my number, will you?"
  • Since you are the new director, this is the perfect time to make the changes you want. It is your responsibility to have the organization run as efficiently as possible. The direction you have charted is reasonable and necessary.

    The advise given by my fellow HR pros is just right. If your five year employee refuses to adapt, it is her problem not yours.
  • [font size="1" color="#FF0000"]LAST EDITED ON 03-02-04 AT 09:22AM (CST)[/font][br][br]Ditto the above. There are several facts that everybody should know. Whenever there is a new director, changes occur. The second, innovation has been and will continue to radically change the work place. If you cannot change, you will not have a job. This ee is way to rigid to be asset.
  • Needless to say, I agree with the above posts. Keep in mind anyone can sue your business for any reason....all they need is the filing fee. So your guiding light should always be a set of "best practices," which will change as the legal landscape changes. I'm curious as to what your own, in-house HR VP/Director advised you to do, and if you got his/her advice, why did you feel the need to ask this Forum? As I said, I'm just curious.
  • Thanks for the advise. Unfortunately, we do not have an HR Director. Lack of funding, etc, etc. So each director of each department is on thier own. My Exec. Director supports whatever I decide to do, but I want to make sure I am not putting the org. in jepordy. The previous director had been here a LONG time and was friends with my problem ee, and basically had a "don't rock the boat" policy.
  • No HR person? In 2004?!?! Holy Screamin' Eagles!! How many employees do you have? If it's 50-75 your Executive Director is really setting your company up for some BIG problems. There's not enough space here for me to detail the potential liabilities by allowing department directors to unilaterally make those kinds of decisions.
  • Actually we have 30 employees (Nationally). You are right it would save alot of headaches to get an HR person, but with our funding thats the way the cookie crumbles. Needless to say we have to research every move we make and document, document, document. Thanks anyway.
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