Critique Please

LivindonSouth · May 2005

Hourly employee, great record, good producer, 10 years, machine set up guy. Took a week's vacation, then called to say there was an illness in the family and he would report back last Thursday, May 19. Supervisor approved. He did not show up.

Last nite I went to a relatives house and left a note that we were worried and had not been able to contact. Supervisor cuts termination paperwork for no-shows. Based on my note, relatives call me back and get involved and find him alone at his residence extremely depressed and not very responsive. They called me back several times and I suggested someone stay with him last nite and that he contact EAP today.

I called EAP and was told they will not initiate the contact, he must. I Called him today and told him that EAP contact is mandatory if job is to be saved. Tried to talk through some issues with him but advised him the proper route is professional counseling with EAP. Would not set precedent of overriding attendance policy except for the fact that I see this as a medical issue, probably potentially FMLA, mandatory EAP referral and am viewing it as I would someone totally unable to contact us. When I talked to him he asked me what time it was and what day it was and said he had not budged out of his house for 6 days. I do not suspect drugs but am convinced in my own mind that clinical depression will be diagnosed.

I feel that the worst thing I could have done was terminate a man who is depressed who I am trying to get to a counselor. I don't want that life on my hands.

I need some honest critique.

Gillian3 · May 2005

This is a perfect example where "one glove doesn't fit all" applies. The proper thing to do is to go out of your way to try and help someone who is in obvious difficulty. Maybe you can give a LOA or something while you sort it out.

HRinFL · May 2005

Don, I agree that this is not an issue that fits nicely into the box we want to put every situation into to analyze.

I think the fact that the "little red flag in your head" went up is enough to stay the termination at this time. From your description, the ee, in my opinion, would qualify for FMLA. Get the paperwork to a family member and have them help the ee get to a doctor and get it completed. Get involved with your EAP. Since they will not contact, will they give you the name of a reputable Counselor or Psychiatrist? Since they will not initiate, maybe you can from behind the scenes. Get this information to his family and have them take him to the Counselor/Dr. One there, the ee may come to enough to make the call and get the help that he apparently needs.

If you can't do that, is there a local crisis center that can step in and help? Can the family Baker Act the ee? If he does not know what day it is, what time it is, and said that he has not left his house for six days, I truly believe he was incapable of calling work. I also truly believe that he is probably capable of doing harm to himself. That should be enough to Baker Act him. Once in the hospital, you can get the FMLA paperwork to the Dr. and start the ball rolling. If they can start the process of righting the ship, it may be enough to get him to call you EAP department, again getting the needed help for this ee.

While I know that you want to try and save this guy's job - it would definitely not help his mental state to be suddenly unemployed, the main thing is to get him the help he needs. With his previous employment record, it probably would not be difficult to get this guy rehired with your company when he has reached a functional level again.

Peyton Irby MS · May 2005

This certainly sounds as if it is a qualifying condition for FMLA. You can begin FMLA without his signature and have him (if he's capable) and a physician sign later. Will the EAP respond to a family member's call? It seems clear professional help/guidance is needed.
Peyton Irby
Editor, Mississippi Employment Law Letter
Watkins Ludlam Winter & Stennis, P.A.
(601) 949-4810
[email]pirby@watkinsludlam.com[/email]

Geno · May 2005

Sounds like a unique situation that is worthly of your personal intervention -- I'd vote for trying to find a way to help the guy. Far too often there is no one in the organization more competent and able to recognize and facilitate solutions to delicate situations such as the one you describe then the often maligned HR department. If you feel that this guy is worth rescuing, then by all means trust your instincts. It's the right thing to do.

I hope to read about a satisfactory resolution someday.

Geno

safety · May 2005

Livin, it sounds like you are a very compassionate HR professional who truly cares for the ee’s you serve. You have done a noble deed in attempting to contact him through relatives, talking with him, contacting your EAP and considering approving FML and mandatory EAP. I hesitate to say this but would a call to Social Services be in order or possibly the company physician you use for WC? You have notified him that his management referral to EAP is mandatory and a condition of employment so be prepared to follow through on this. Maybe contacting the relatives for intervention is another possibility for you.

A couple of years ago I had an ee who had a 180-degree behavior change and in my opinion became a total introvert paranoid schizophrenic, bi-polar, depressed, conspiracy theorist, well, you get the picture. He was a no call no show for two days and I contacted him on the second day. In our discussion he told me of his medical condition and philosophy of being paranoid and asked if he still had a job. I let him know his condition could possibly fall under FML but would probably make a management referral to EAP as a condition of employment and if he wanted to keep his job he needed to come to work the following day. Well, he was a no call no show on the third day and I terminated him per policy. Three months later I found out he was admitted into a mental institution in Las Vegas. I feel for your situation because after the termination he left his apartment without notice and nobody had any contact with him for three months. When they cleaned out his apartment he had five gallon barrels of ammunition at every window and I was afraid of what he may do to himself and wondered if I had done enough to facilitate in helping him receive treatment for his condition.

LivindonSouth · May 2005

He reported to my office at 2:30 for his 3:30 shift and thanked me for my intervention. He confirmed that he had not seen daylight for six days and felt great getting out of the house.

I had already asked the EAP counselor if she thought I should allow him to work and she said by all means. I got a bit of grief from the supervisor, the production manager and even my assistant, all of whom I told to cease conversation and that they were not entitled to information beyond my telling them that he is returned to work and his absence will be FMLA.

The production manager asked me, "Am I to assume I am a goddamned mushroom regarding this situation?" I thought for a moment and said, "Well, to answer your question, yes, you are a mushroom. Your job is to assign work to the employee on his shift. I will handle the rest."

I went out and checked on the guy two hours into his shift and he was doing fine. He told me that he needed to be in his work environment with friends and activity rather than holed up in his house in the dark. I also told him that, as his shift progressed, if he felt stressed or thought he had any problem whatsoever, to call me and I'd either send him home or come visit with him. Before I walked away from him, I popped my fist against his bicep and said, "Rick, you know everybody at this facility loves you." He grinned.

He has a one o'clock EAP counseling appointment tomorrow. We will see how it goes from there.

Three of his family members have called me this evening to thank me. I didn't set any precedents. I just made sure the safety nets were there.

mushroomHR · May 2005

You did the right thing and someone's life is all the better for your compassion.

SMace · May 2005

As usual (but not always) your gut instinct proved to be right. I am usually very reluctant to call the family. Too many unknowns. But in this situation the key for me is your first sentence. "Great record, 10 years, good producer...". In that case I would probably do the same.

I think building relationships is one of the most important things you can do in all aspects of business. You went the extra mile and have built a very strong relationship. I'm sure you will now have an ee with a great record, 20 years, good producer. One day that supervisor will thank you.

System · May 2005

[font size="1" color="#FF0000"]LAST EDITED ON 05-27-05 AT 10:13AM (CST)[/font][br][br]You're knowledge and actions model what Human Resources is all about. You used your field experience in combination with laws and company policy to salvage a 'human.' That was to the benefit of a life and of your company. You were effective with your approach to him and his family with your 'extra mile' personal approach; yet you never violated anything - the law, his and his family's confidence, company policy, or the ethics and reputation of HR.

marc · May 2005

Well done!xclap

TN HR · May 2005

Excellent example of what a compassionate and caring HR professional is all about. Sure, you could have applied your policy broadly and not given a damn, but you chose to look beyond the obvious and made some smart decisions.

Gene

HRLASS · May 2005

Congratulations, Don! Great job and sounds like you saved an employee - in more ways than one. I think it's a good policy to make a personal call to the employee and/or family/friend/emergency contact if the employee can't be reached after no call no shows before termination. Even if there are family and friends locally, sometimes something like this happens (or worse) and it may be the employer who calls someone (including law enforcement) when an employee with a good track record suddenly goes to no show/no call. I'd hate to be the one to read about it in the paper later.

Gillian3 · May 2005

Please don't take this as "raining on someone's parade", but the fact that Don felt that he had to ask for a critique begs the question "why". Personally, I feel that we have become so paranoid about setting precedents, use policy as law instead of guidelines, listen to too many attorneys and their very conservative viewpoint etc. that we too often fail to do the "right thing". The action that Don took is what HR is all about and should be second nature in our profession. Of course Don set a precedent, a very good one - doing the right thing when the occasion demanded it. The response from his assistant shows a lack of empathy, a vital necessity it HR, and he or she should get some or find another line of work.

LivindonSouth · May 2005

I appreciate the remarks; but, I really wasn't worried about having set a precedent. Often we're so close to a situation and so wrapped around the axle in the middle of what we're doing that we can't step back and properly evaluate it. I find myself in that position occasionally. I hope that's not a weakness and I imagine that the rest of you experience it as well. Well, PoRk doesn't, I'm sure.

I honestly wanted a critique of what was done based on a reading of the Act. I'm not really wanting a standing O for empathy.

E Wart · June 2005

You have earned your halo!!
Mental illness is something that is extremely hard to deal with. (I am no expret but I have had more than my share at work and personally. My nephews have had problems... it is inherited and their grandfather and aunt on the other side of the family also had problems.)
The only thing that I urge you to do is to watch out giving advice on enabling the employee. You need to make sure you send them back to EAP or doctor or whomever is treating them. The hardest thing is to get them there. (I have known of situations where family called the police to go to the home and take the employee to hospital because they were afraid of what they might do.) This can be treatable (even though employee may not feel like it can) but probably won't be cured. You may ask the employee to give his EAP or doctor permission to talk with you, just to know if it is ok for him to be at work (especially if he is on medication and is around machinery) and if there is anything you as a company can do.
I do disagree that EAP couldn't have helped. Normally they will take a supervisory referral and try calling at least once. But if employee doesn't want help that is all they can do.
You are right that supv. doesn't need to know all the details. Employees are often embarassed. You don't want to make it worse for them.)However, I hope they are kind enough to watch for signs (but not make any exceptions). Often work is the only haven for folks of this type.
Way to go... I hope he can make it through.
E Wart

Critique Please

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