He said / He said

An altercation came about between a full-time plant employee and a temporary plant employee over the use of a tool. The temp was looking for an electric grinder and was directed to one that he thought was not being used. The ee confronted the temp about "using other people's tools". An argument ensued where the temp claims that he was invited by the ee to "step outside and settle it". The ee has a tough-guy reputation of being threatening even to his supervisors. The ee claims that it was the temp who invited him outside. The supervisors doubt this and noted it on their report.

There were witnesses of the incident and others who heard a fuss but didn't see anything. Two ee's who were questioned stated that the temp put his hand on the ee's shoulder which was percieved as threatening. The temp stated that they weren't close enough to each other to touch hence the shouting. The temp left the plant and reported to the agency that we have a hostile work environment.

The ee has been spoken to and an incident report has been done. I'd like to know if anyone has suggestions as to anything else that needs to be done at this point. I want to be sure we're being responsible and protecting the company and documenting everything properly.

Thanks.

Comments

  • 9 Comments sorted by Votes Date Added
  • We had a similar situation occur while remodeling one of our properties involving an altercation between one of our ee's and a temp. We took a "no fault" approach because both of the parties seemed to be equally antagonistic toward each other. We suspended our employee for his threatening behavior (he's lucky he wasn't terminated) and reported the circumstances of the altercation to the temp's employer so they could take appropriate action with their employee.

    The long-term solution involved just keeping the two employees on separate projects at separate locations on the worksite until the remodel was completed - then, of course, the temp was no longer needed.

    I am concerned about the fact that you mention your ee has a history of threatening behavior with his supervisors and others. Is he worth the trouble he creates? Has he been disciplined for such behavior in the past?
  • The previous incidents happened before the HR hat was added to my pile. I don't know what action was taken against the ee but I will find out. Would it matter that their stories didn't match as to who threatened who as to how you'd discipline the ee?
  • Where was the supervisor? It seems unusual that another EE was close enough to direct the Temp to a grinder, but not close enough to witness the confrontation. And this EE is known to exhibit threatening behavior, even to supervisors? Dig out some more information, put both the EE and the Temp on notice that this type of behavior is not tolerated in the workplace. Then give/require some training on dispute resolution that does not involve fisticuffs or threatening behavior. Follow the document trail in the EEs file and determine if the prior behaviors had been written up and what actions were promised. It could be the next incident is reason for termination.

    I like the no-fault approach suggested above - that would put the EE and the Temp on notice in no-uncertain terms that this behavior is grounds for termination.
  • I just spoke with the supervisor who told me that the other incidents were not written up...UGH. I will look through the files though to see if I come up with anything.

    The notice was put on the report that any further incident that results in further accusations against the ee will result in his immediate termination. The ee signed it after turning the air blue. I instructed the supervisor to document what was said.
  • I wouldn't fire him over a future accusations. If there is an accusation you should be quite sure it is true before you take action. Anyone for any reason can make an accusation.
  • Any employee with a reputation for threatening co-workers, visitors, the public, management etc. is a problem.

    Do you have a shop stewart or union rep to help intervene?

    We had an employee (manager)who often bullied other employees, and on a couple of occassions did damage to our facilities. The first time it was not brought to my attention. He was allowed to pay for the damages and nothing happened. I later learned about this situation and some others where he had verbal altercations with other staff members.

    In updating our employee handbook, we added a section on violence in the workplace and advised the staff that management needed to be notified when situations escalated so that they could be dealt with. Often employees are reluctant to go to management with this type of problem.

    The last time that this manager was involved in a verbal altercation with an employee, it was overheard by another employee who reported it. We did an investigation, interviewed everyone involved and anyone who overheard the incident and wrote them both up.

    As a requirement for continued employment, the "tough guy" employee was told that he had to satisfactorily complete a course in anger management within xxxx days and to pay for personal items that belonged to the employee that he damaged. We helped locate a suitable program and required completion of a minium of 6 sessions in 60 days. He completed and complied and commented that it was very enlightening. This employee was also told that any similar situations before or after the required courses would be grounds for immediate termination.

    We discussed the role the other employee had played in the altercation. We gave her 60 days as well to complete a minimum 1 day class in working with other people or a similar course approved by management. This employee also sought legal advise on the matter. Apparently her attorney was satisfied with the action we had taken.

    Documentation is essential. We may not have gotten to this last event had the earlier incident(s) been handled with documentation and stated discipline and outcomes rather than sweeping it under the rug so to speak.


  • We do not have a union.

    We do have a Workplace Violence Prevention Policy in place. I will bring to management the suggestion of the anger management class for the ee as a requirment for continued employment.

    This company has been lax in many of it's procedures...everyone goes to the VP for what to do in every situation. I've been fighting to get things in line and legal. I'm afraid that one of these incidents is going to land us into court because things have been let go or winked at so often in the past.

    His supervisor (who has felt the brunt of his wrath) says he's an hard worker and we're really busy right now and need him. I counter that with the reality that if he ever hurts someone seriously we'll be paying for his actions with a very big check.

  • The first thing I'd do is tell the agency I don't want that particular temp back. Not that he was guilty of anything, but my experience, having used hundreds of them, is that things only escalate and get worse once anything at all goes sour involving a temp.

    Then I'd proceed with several things: Mandating writeups for events like the ones that weren't written up. A sit down counseling session with the violent employee with his supervisor(s) in the room. And, last, I'd start right now planning the agenda of group meetings of employees with one thing on the agenda being respect for others and interraction with co-workers.


  • >The first thing I'd do is tell the agency I
    don't want that particular temp back. Not that
    he was guilty of anything, but my experience,
    having used hundreds of them, is that things
    only escalate and get worse once anything at all goes sour involving a temp.

    Done.

    >Then I'd proceed with several things: Mandating
    writeups for events like the ones that weren't
    written up.

    Done.

    >A sit down counseling session with the violent employee with his supervisor(s) in the room.

    Too late...the ee has received his counseling from his supervisor, signed his report and was basically told by the Department Manager "that's that".

    >And, last, I'd start right now planning the agenda of group meetings of employees with one thing on the agenda being respect for others and interraction with co-workers.

    Good idea...I'll look into how such a meeting should be conducted (materials, handouts, etc.)...

    WHEN YOU'RE GOOD, YOU'RE GOOD.
    Thanks to everyone for their advice. I have learned a lot and do appreciate the guidance.



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