Employees need protection

[tlindseyhr]

What is the name of your state? Arkansas

If an employee were to file a grievance against his/her supervisor and in turn the supervisor started to make the employees life a living hell while continuously looking for a reason to fire him/her and eventually doing so, what can the employee do? If the employee is not fired, can he/she do anything, other than quitting, because of the treatment?

I can't get ANY employees to come forward with ANY information regarding their supervisor out of pure fear! As HR Director, I want to re-assure them that they will be OK if they come forward, but if they legally can't do anything about what might happen after the fact, I can't. I have been told indirectly by several employees many many things she has said and done that she should be terminated for, but I can't do anything about it if no one will bear witness to any of it.

WHAT CAN I DO?!?!?!

 

[Beth3]

Whether an employee has any legal protection when they complain about his/her supervisor depends entirely on what the basis of the complaint is. If the complaint is about prohibited discrimination (for example), then retaliation is prohibited and any employee who is a witness and/or supports the claim is also protected. If, on the other hand, the complaint is basically that the supervisor is a jerk, that's not illegal and there are no legal protections. It's up to management to protect employees who make good faith use of the employer's "open door" or similar policy.

I'm confused though. You're HR Director for this company? You have nothing to say about how employees are subsequently treated if they step forward to support a legitimate complaint a co-worker has made against a supervisor?

By the by, the company doesn't need proof of an employee's misconduct or poor behavior to terminate the employee, even if he or she is a member of management, if that's what you're thinking.

 

[tlindseyhr]

Believe me, I'd LOVE nothing more than to take action!! The problem is.....NO ONE will speak to me directly. These employees talk to others in different offices and I'm told they will deny knowing anything if confronted (because of fear). This director brings in a lot of money to the business and unless I have a FIRM leg to stand on (with witnesses), there is no way the CEO will take any kind of action simply because he would see it as low level employees complaining about their boss. He, of course, never sees that side of her. Some of the things I have heard her say and do would at least be grounds for discipline if not termination!

 

[tlindseyhr]

Oh, thanks so much for the reply by the way!

 

[cbg]

Why do you need to have an employee come forward before you can fire the manager?

Arkansas is an at-will state. There is nothing whatsoever stopping you from saying, "Ms Manager, effective today your services are no longer required".

You don't need to have an employee complaint; you can fire on suspicion of misconduct alone. Arkansas does not require service letters; you don't even have to tell the manager why they are being fired if you don't want to. At worst, you might have to put up with paying unemployment.

Sounds to me like you have valid reason to fire the manager whether an employee comes forward or not.

I suspect this may have come up because on another board, I defined wrongful term and hostile environment for you, and you realized those protections would not apply to your employees if she took any action against them for coming forward. Am I right? If so, remember that the manager won't have a wrongful term case either.

Dump the rhymes-with-witch.

 

[Beth3]

Some of the things I have heard her say and do would at least be grounds for discipline if not termination! So you have first-hand knowledge of her behavior AND you're the HR Director? Why can't you go to the CEO and tell him what's going on? Even if you're convinced he won't take action at present, you have an obligation to tell him when one of his managers is having a performance problem. Failure to do so could have long-range and expensive consequences for the company, including turnover of valuable employees who decide they won't tolerate working with her any longer.