Supervisor Problem

LindaS · August 2005

Last Friday I was made aware of an issue regarding a supervisor and wanted to get your input...

We have a supervisor that has been a long time EE (30+ years) who has been making inappropriate comments to male EEs. This has apparently been going on for some time (months) but until Friday it was not brought to my attention due to the embarrassing nature of the statements.

Approx. one month ago two EEs were coming into the plant from break and were talking and smiling (one was scratching his wrist). The supervisor walked up to them and asked the one if his wrist hurt and stated, "what were you guys whacking off or what". Prior to that this same EE was working on a machine and the supervisor came up behind him with a broomstick and made a gesture as though he was going to put it someplace (use your imagination) and told him "reach for the lights". There have been other incidents such as these with statements made to other EEs. Both above incidents have been verified by other EEs who heard the statements and ALL are willing to sign statements as to what they heard or what was said directly to them.

This supervisor has filed an age discrimination complaint against us and we are awaiting the court date with the ALJ. Up to this point there hasn't been any monetary issue with the supervisor as he continues to work but if we terminate him based on the above incidents the "clock starts ticking" so to speak.

Based on the above, do you think we have enough to terminate? We have spoken with our attorney and are planning on talking with the supervisor to get his side of the story but I would like your input.

Thanks.

Hunter1 · August 2005

Personal opinion: Not even close to enough information to terminate. Especially under the circumstances where he already has an age complaint against you. Thirty years and now you think about termination based on these incidents? I don't think so. Unless you have a considerable amount of other info in his record, and he's been given remedial training based on those earlier incidents, etc.

dchr9203 · August 2005

No, you don't have enough to terminate. If nothing else, the big question would be why after 30 years have you only just begun taking action against inapporpriate behaviors and it coincides with his age discriminiation claim? You certainly cannot ignore the reports and/or the behaviors, if they are actually occurring. Don't discount that your employees may not be telling you the whole truth. Definitely document your meeting with him well; you might find his story is very different. Also, take the opportunity to remind him of your harrasment policy, etc, and document that too.

HRinFL · August 2005

I would not terminate, not because this guy has an age discrimination claim against you. I could care less, and so should you, because the act of complaining does not give the guy a "get out of jail free card." No matter whether an ee has a complaint or not, whether the complaint is legitimate or not, if they violate a policy/practice, etc., you can and should address it with whatever level of discipline is appropriate.

I don't know this guy's history over the past 30 years, or what type of training/retraining he has had. A quick read through his file should alert you to any past behavior that mirrors the recent alleged misconduct. I think that if there is a pattern, you have a solid basis for taking a more drastic level of discipline. Without a history, I do not think the alleged comments are enough to terminate. You have two examples of comments that two male associates found offensive. I think that it would be hard to convince a jury that these guys were so offended. JMHO.

I also would speak to the supervisor and document the conversation. Let him explain his side of the story, if he denies it, tell him that there are people that heard the comments and can substantiate the allegations. Then handle the situation appropriately. I would definitely get your attorney involved, before you speak to the supervisor. Whatever action you take, make sure you document. Get witness statements. Document when, eho, etc. brought the situation to your attention. This will help you prove that you are not retaliating against the supervisor, but that you are addressing concerns brought to you by your ees. Good luck!

hrdir03nafcu · August 2005

I would agree with most of what's said in the earlier responses.

But I would emphasize that your next move should be to discuss the complaints with the supervisor and hear his side: you have not "completed" your investigation of the situation until you do so.

While I agree with others that his ADEA complaint does not make him exempt from normal discipline, I would put strong emphasis on NORMAL here. How what disciplinary action have you taken against other EEs in similar circumstances in the past? Your actions against this supervisor must be consistent with this history.

My last question would be, how much of an effect has the supervisor's behavior had on other EEs, subordinates and otherwise? Your response should be appropriate to the seriousness of the impact on other EEs.

The supervisor's ADEA complaint is no bar to disciplinary action while the complaint is in process. However, in these circumstances, you need to be especially careful that you have clear and strong basis for disciplinary action-- so that it'll stand up in front of a jury if this person adds a complaint of retaliation to his existning ADEA complaint.

Good luck!

marc · August 2005

Let's look at this in pieces.

First, ignore all the extraneous factors - the 30 years, the age discrimination claim, etc.

Next, focus on the behavior being complained about. Are the complainants following your policy guidelines? You need to document, document, document - and it sounds like you have been building a file.

I don't want to generalize or typecast, but a bunch of guys in one working environment might make all kinds of comments to each other that would not fly in another working environment. The types of antics you have described could be going on all over the workplace and they have just decided to not allow this supervisor to join in the fun.

I don't know, but what I am leading up to, is that you must do your normal investigation. It might result in a warning to the supervisor or even somehting stronger, but to do any level of discipline or to decide not to discipline, should be based on the results of your investigation.

Just because the supervisor has made the age discrimination complaint does not give him a free pass to violate other policies.

WT · August 2005

Retaliation lawsuits have succeeded even when original discrimination suits have been dismissed. What is your culture at the workplace? If there is any chance that remarks or behavior such as you describe are common, then, you are ripe for a retaliation suit if others have not been punished for such actions. Since you may well be under the microscope on this issue, a little extra caution could do no harm.

LindaS · August 2005

Thanks to all the responses and I would like to provide additional info....

This is not the first problem with this supv., in fact this person has a habit of "targeting" individuals whose personalities are a little meeker than others.

We have tried to send him to training before, mainly due to the amount of tenure he has with the company but he is very resistant to change and has, in fact, stated that he doesn't see the need for new training as he has "education" behind him. So, training is out.

The Age discrimination lawsuit was filed over a year ago and was as a result of his being placed on a PIP. He did not like it and, while the majority of his claims have been found to have "no probably cause", there have been a couple that are going to go to hearing.

No, our culture is not one wherein this type of behavior is tolerated and the individuals who have been subjected to these comments have been too embarrased to come forward, as well as being worried about retaliation.

Thanks for the input and tomorrow we will talk to him and get his side.

LivindonSouth · August 2005

It IS interesting, and casts a different light, now that I know his discrimination charge followed a personal improvement plan. It would be more interesting to know what was in it, what his shortcomings were, what was expected, what he was told he had to do and the final outcome of the PIP. If the PIP appears valid and can easily be defended and presented well, say, before a jury, his claim of discrimination will be less valid to them. Your position would be greatly enhanced had he not done well in the PIP, had his PIP been extended or had his behaviors and shortcomings been repeated and still exist, AND ARE DOCUMENTED.

Is it becoming as popular to play the 'A' card as it always has been to play the 'R' card?

Disclaimer: This message is not intended to offend or attack. It is posted as personal opinion. If you find yourself offended or uncomfortable, email me and let me know why.

LindaS · August 2005

Don -

As for his PIP, he WAS doing better immediately following his receipt of it last year and in fact we met with him to express to him our acknowledging of his efforts BEFORE we received the discrimination claim in the mail (yes, we did provide this info. to the investigator). Over the past several months his performance has gone down again and we have tried to address it with him. Among the issues are his failure to continually follow policy regarding safety guards, his failure to act consistently with his employees, not being organized with regard to the scheduling of his employees and having a disregard for the instructions from his supervisor. In fact he was suspended for 3 days back in Oct. for not following through on a particularly critical job and leaving for the day without communicating the status of the job to ANYONE. This resulted in OT for other EEs due to having to get the job out on time. He filed for UI, was awarded and we appealed and we won.

This is an on-going issue and in all reality, if he did NOT have the amount of tenure he does he would have been terminated long before he filed the suit. Upper management sometimes is a little too lenient and we always seem to be the ones getting into trouble for it.

Whatever · August 2005

This is worst than you originally explained. Here, a supervisor gets one warning about failing to follow safety policies (including guards) and re-training, a suspension and then a termination. In any case, there ee is obviously a walking disaster. If you have everything documented, I would terminate.

LivindonSouth · August 2005

I support termination, but ONLY IF: fully and carefully document or organize the prior documentation of every bit of minutia related to the events that occured following the PIP. Being especially careful to show in glaring detail how the infractions and omissions are the same types of things the PIP attempted to deal with. Repetitive, same-situation failures following a PIP is always going to stand up in support of termination.

What you relate above is sufficient to withstand the tests following termination, especially since it is a repeat of the things for which he was placed on a PIP earlier. Placing an ee on a PIP and working through it with them to the point of retention is superior evidence of your having gone to extreme limits to salvage the employee. Having him complete the PIP period with your congratulatory remarks is even more ammunition in your corner.

I agree, based on what I've read, that the impending termination has nothing to do with the man's age.

Supervisor Problem

Comments