Pharmacy manager (me) with possible termination on baseless complaints

[RentalOne]

What is the name of your state (only U.S. law)? Washington

Hi,

I am the manager of a retail pharmacy in a large chain. There is quite a bit of background, which I will outline below, but the main gist is that a poor performing, frequently complaining employee has me in hot water with HR. I would greatly appreciate any legal advice in regards to the messed up situation that I am in.

This all started well over a year ago. I have a staff of technicians in my pharmacy. They are all good and efficient workers, except for one who I'll call Sam. I assigned my technicians to the tasks that each of them are best at, but Sam complained to corporate HR that I was not treating him well, as he wanted to do the typing. Even though Sam is very slow at typing, we arranged for that to be his main task, as that is what HR wanted me to do to appease Sam. HR looked down on me for not being fair, but I am supposed to be running an efficient pharmacy, not harming the flow of business so that someone can work on his preferred tasks. Another time Sam complained about the schedule and said I was not being fair, even though I was, so the schedule had to be adjusted to Sam's benefit and to the detriment of the other technicians. This was also considered another complaint against me. Sam complained that I talk more with the other technicians. I always stayed professional with Sam and communicated all pertinent business matters with him, but am I supposed to keep the same level of friendly chatter with the employee who keeps complaining about me? The entire situation became miserable. In each of several meetings with HR they let me know that they do not care at all about Sam's performance. They only care about my treatment of him. I was never unfair to him, but it appears that they only care about addressing complaints and Sam was complaining. Then HR verbally threatened me that on the next complaint that I would be terminated. They did not give me anything in writing.

I have done an excellent job for my store. My customer satisfaction rates are some of the highest. I've worked there for many years and love this location, but I wanted to change locations simply to not have to deal with Sam anymore. I applied to work as a pharmacist (not manager) in another location for this chain, but they blocked my application. HR said that I could not move while there was an active investigation. Then the HR person in charge of this case went on leave for an undetermined amount of time. I was stuck. A new HR person was finally assigned to the case months later.

Sam is not a good technician. He is slow. He does not prioritize well. He leaves tasks partially finished prior to lunch and at the end of his shift. Sam causes trouble for other technicians, the pharmacy as a whole, and me. The other technicians let me know that the are not pleased that they have to cover for Sam. Sam does not complete the amount of work that he should during his shifts. That leaves extra work for the other technicians to complete. Often the other technicians have to figure out Sam's partially finished tasks and then complete then for him. Sam has told customers that their prescriptions will be ready in 30 minutes, but then fails to do his processing steps so that I can fill the script. When the customers come back and their prescriptions are not ready they are pissed. There have been complaints made to the store and I am the one who looks bad as the manager. Yet, I am unable to do anything about Sam. If I say anything to Sam, he complains about me. If I do nothing, my other technicians complain to me and we all, including the retail customers, suffer from his poor quality work.

Recently I noticed that Sam's typing speed has really slowed down even further. I spoke to him about it and he said that he now has a medical problem that makes typing difficult. When my regional pharmacy manager (not HR) was around the other week I called in Sam into a meeting so that we can arrange for him to do something different. My regional manager acknowledges the poor quality and lack of speed in Sam's work. Initially Sam made the fuss about needing to type, but now he claims that he cannot do so. Sam was not happy about going into an unannounced meeting. He complained to HR about me yet again.

Now the new HR person in charge of this case is coming to meet with me. During the last meeting with the previous HR person I was threatened with termination if there was another complaint. It seems so wrong to me that I have been held hostage in this situation. I am a great manger and run the pharmacy very well, but it appears that a very low quality technician is getting his way. I have been guessing that HR has always been on Sam's side is that they are only interested in not getting sued by Sam as they clearly do not care about how to actually run the pharmacy well at all.

What can I do? What legal rights do I have? Sam has made it sound as if I have been harassing him, which is not the case.

Thanks,
Janice O.

 

[OHRoadwarrior]

You follow the guidance of your Regional Pharmacy Manager, whom you should have had in the loop on this from the beginning. At this point, I would be seeking another job if I were you. The well appears to be full of poison because you did not escalate this issue initially, making yourself look guilty.

 

[cbg]

HR is not interested in discussing Sam's performance with you, that is correct. The only one they should be interested in discussing Sam's performance with is Sam. Sounds as if they're doing it right. They discuss Sam's performance with Sam. They discuss your performance with you.

HR's business is not with how well the business is run. That's not their function. While HR often oversees performance management, that's primarily to make sure that discrimination laws are not violated, and nothing you have posted suggests that they are. It is ultimately the responsibility of each employee's manager to deal with performance issues. So you could be running the pharmacy better than any pharmacy manager on earth, but that doesn't fall under HR's purview. They're not responsible for seeing that the pharmacy is well run.

You have the legal right, in your state, to place a rebuttal in your personnel file if there is something in it with which you do not agree. Beyond that, you have the right to look for another job and quit when you find one. You have the right to file for unemployment if you are fired.

I suspect that your question really is, if they fire me under these conditions, have they violated the law and can I sue them? To which the answers are no and no.

 

[justalayman]

If the new HR person does not see things your way:



If you have not realized it, for some reason, Sam has more influence on HR and their decisions than you. You can either accept it and roll with the punches or make waves and, presumably, be terminated in favor of retaining Sam.


Does it sound like something that should happen? Probably not but nobody said life is fair...and it isn't.





I would suggest you speak with HR to determine what they want you to do with Sam rather than you acting as your position as a manager allows you and direct Sam in any specific manner. While it can be used against you since you are not being an effective manager which could result in discipline, it obviously isn't working the way you are dealing with it now. Propose any changes you have concerning Sam with HR prior to implementing them and let HR make the call.

 

[LdiJ]

What is the name of your state (only U.S. law)? Washington

Hi,

I am the manager of a retail pharmacy in a large chain. There is quite a bit of background, which I will outline below, but the main gist is that a poor performing, frequently complaining employee has me in hot water with HR. I would greatly appreciate any legal advice in regards to the messed up situation that I am in.

This all started well over a year ago. I have a staff of technicians in my pharmacy. They are all good and efficient workers, except for one who I'll call Sam. I assigned my technicians to the tasks that each of them are best at, but Sam complained to corporate HR that I was not treating him well, as he wanted to do the typing. Even though Sam is very slow at typing, we arranged for that to be his main task, as that is what HR wanted me to do to appease Sam. HR looked down on me for not being fair, but I am supposed to be running an efficient pharmacy, not harming the flow of business so that someone can work on his preferred tasks. Another time Sam complained about the schedule and said I was not being fair, even though I was, so the schedule had to be adjusted to Sam's benefit and to the detriment of the other technicians. This was also considered another complaint against me. Sam complained that I talk more with the other technicians. I always stayed professional with Sam and communicated all pertinent business matters with him, but am I supposed to keep the same level of friendly chatter with the employee who keeps complaining about me? The entire situation became miserable. In each of several meetings with HR they let me know that they do not care at all about Sam's performance. They only care about my treatment of him. I was never unfair to him, but it appears that they only care about addressing complaints and Sam was complaining. Then HR verbally threatened me that on the next complaint that I would be terminated. They did not give me anything in writing.

I have done an excellent job for my store. My customer satisfaction rates are some of the highest. I've worked there for many years and love this location, but I wanted to change locations simply to not have to deal with Sam anymore. I applied to work as a pharmacist (not manager) in another location for this chain, but they blocked my application. HR said that I could not move while there was an active investigation. Then the HR person in charge of this case went on leave for an undetermined amount of time. I was stuck. A new HR person was finally assigned to the case months later.

Sam is not a good technician. He is slow. He does not prioritize well. He leaves tasks partially finished prior to lunch and at the end of his shift. Sam causes trouble for other technicians, the pharmacy as a whole, and me. The other technicians let me know that the are not pleased that they have to cover for Sam. Sam does not complete the amount of work that he should during his shifts. That leaves extra work for the other technicians to complete. Often the other technicians have to figure out Sam's partially finished tasks and then complete then for him. Sam has told customers that their prescriptions will be ready in 30 minutes, but then fails to do his processing steps so that I can fill the script. When the customers come back and their prescriptions are not ready they are pissed. There have been complaints made to the store and I am the one who looks bad as the manager. Yet, I am unable to do anything about Sam. If I say anything to Sam, he complains about me. If I do nothing, my other technicians complain to me and we all, including the retail customers, suffer from his poor quality work.

Recently I noticed that Sam's typing speed has really slowed down even further. I spoke to him about it and he said that he now has a medical problem that makes typing difficult. When my regional pharmacy manager (not HR) was around the other week I called in Sam into a meeting so that we can arrange for him to do something different. My regional manager acknowledges the poor quality and lack of speed in Sam's work. Initially Sam made the fuss about needing to type, but now he claims that he cannot do so. Sam was not happy about going into an unannounced meeting. He complained to HR about me yet again.

Now the new HR person in charge of this case is coming to meet with me. During the last meeting with the previous HR person I was threatened with termination if there was another complaint. It seems so wrong to me that I have been held hostage in this situation. I am a great manger and run the pharmacy very well, but it appears that a very low quality technician is getting his way. I have been guessing that HR has always been on Sam's side is that they are only interested in not getting sued by Sam as they clearly do not care about how to actually run the pharmacy well at all.

What can I do? What legal rights do I have? Sam has made it sound as if I have been harassing him, which is not the case.

Thanks,
Janice O.

I would try to get the regional pharmacy manager into the meeting with HR if at all possible. Also, if your overall store manager is aware of Sam's deficiencies and has any clout it might not hurt to include him in the meeting as well.

In most companies it is not up to the HR department to determine who gets hired or fired. They might make recommendations, but normally they don't make decisions. Normally it would be your regional manager who would be making that decision.

 

[commentator]

I agree with above. It sounds as though you are slightly confused as to how HR case matters work and how much influence, support and information the HR department has. The HR department is not your supervisor, are they? Who is? That regional manager is your supervisor, would be the decisive driver of any move to get you fired. It makes no sense that HR could come in and fire you when your supervisor is giving you excellent feedback. Sam's constant complaints to HR, and them giving you warnings doesn't sound like appropriate progressive discipline to me. It is likely not their place to give you progressive discipline or to threaten you with termination.

Even though no matter who threatens it, it is completely legal for the company to terminate you at any time for almost any reason they choose to use, as long as it is not an EEOC protected reason.

What you need to do is make a very quick and serious study of the supervisory practice and chain of command in your company. You need to figure out who can fire you. From the reading, you are both a supervisor and a pharmacist, correct? And Sam is a pharmacy tech, right? With some sort of ADA protected status? This is not a matter of two siblings bickering and big papa HR coming in to tell the pharmacist/manager how to treat Sam and threatening you with termination. Your actual boss, who is not HR, should be the one who does your evaluations, gives you counseling about how to deal with employees, and would normally be the one who told you you were in danger of termination.

In the meantime, in your dealings with Sam, you should be keeping careful records of his performance, the dates you speak with him and what issues have been raised, and exactly what interactions are taking place. I honestly detect a powerless sort of attitude on your part, which sounds like someone who does not want to get tough with workers without being "told on" and running back and forth swapping grievances and "he said and she said" battles.

If you do not want to supervise people like Sam with all the unpleasant responsibilities and repercussions this involves, you do need to think of switching companies, even, to find another job. There's no big bureau of workplace fairness out there somewhere that is going to arbitrate how HR treats you and Sam. It will all just involve your using management skills to deal with a problem employee, which is something that supervisors have to do all the time. HR is not a referee, or the arbitrator, it is a resource for you to use to gather information and feedback about how to better deal with Sam and your other employees.

 

[RedemptionMan]

It would definitely look like your hands are tied, HRs responsibility is to cover the company and make sure there are not any legal issues which can come back on them. Since I would assume Sam is some sort of federally protected civil class hence why HR is coming down so hard on you. I think you should maybe record and document his performance deficiencies, get statements from co workers and others who have witnessed these deficiencies. If there is a pharmacy tech assistant manager even get them involved in the process. Ask for guidance and follow the guidelines but realize that you should probably find another situation or store for you to go to. You are in a niche competitive field so you should be able to find employment a lot of different places. good luck.

 

[csi7]

The difference effective knowledge of working with the ADA to build your managerial skills into a solid foundation would improve your ability to be respectful of the methods required to maintain quality of work standards with minimal interference of regular work standards.

(This is a long winded way of saying, learn the disability standards and figure out how to manage the paperwork effectively to provide a positive communication with the employee, HR, and corporate FAST.)

 

[cbg]

The difference effective knowledge of working with the ADA to build your managerial skills into a solid foundation would improve your ability to be respectful of the methods required to maintain quality of work standards with minimal interference of regular work standards.

This is complete and utter nonsense, this is. The ADA has nothing to do with building managerial skills, and there is nothing in the post to suggest that a disability or the ADA is involved in the first place.

 

[RentalOne]

If the new HR person does not see things your way:



If you have not realized it, for some reason, Sam has more influence on HR and their decisions than you. You can either accept it and roll with the punches or make waves and, presumably, be terminated in favor of retaining Sam.


Does it sound like something that should happen? Probably not but nobody said life is fair...and it isn't.





I would suggest you speak with HR to determine what they want you to do with Sam rather than you acting as your position as a manager allows you and direct Sam in any specific manner. While it can be used against you since you are not being an effective manager which could result in discipline, it obviously isn't working the way you are dealing with it now. Propose any changes you have concerning Sam with HR prior to implementing them and let HR make the call.

Thanks, your advice appears wise to me. If I let HR determine what has to be done, then they should theoretically not come down on me for following their advice. I was trying to do my job, but apparently that did not matter.

I guess that I should clarify that when I say HR, there really was only one single person who had been dealing with the case. Perhaps other people in HR may have taken my side. Now that there is a new HR person in charge of this case, he may see things differently. I have never dealt with him yet. I do not know if the verbal threat to terminate me was documented or passed from one HR person to the next. Perhaps I can make my case and make some headway with the new HR person.

Thanks,
JO

 

[RentalOne]

I would try to get the regional pharmacy manager into the meeting with HR if at all possible. Also, if your overall store manager is aware of Sam's deficiencies and has any clout it might not hurt to include him in the meeting as well.

In most companies it is not up to the HR department to determine who gets hired or fired. They might make recommendations, but normally they don't make decisions. Normally it would be your regional manager who would be making that decision.

I really like this idea. It seems so obvious, but never actually crossed my mind. I'll see what I can do as there is little time left before the meeting to schedule others in, but, yes, everyone is aware of Sam's poor work performance. HR reportedly does not care.

 

[RentalOne]

I agree with above. It sounds as though you are slightly confused as to how HR case matters work and how much influence, support and information the HR department has. The HR department is not your supervisor, are they? Who is? That regional manager is your supervisor, would be the decisive driver of any move to get you fired. It makes no sense that HR could come in and fire you when your supervisor is giving you excellent feedback. Sam's constant complaints to HR, and them giving you warnings doesn't sound like appropriate progressive discipline to me. It is likely not their place to give you progressive discipline or to threaten you with termination.

Even though no matter who threatens it, it is completely legal for the company to terminate you at any time for almost any reason they choose to use, as long as it is not an EEOC protected reason.

What you need to do is make a very quick and serious study of the supervisory practice and chain of command in your company. You need to figure out who can fire you. From the reading, you are both a supervisor and a pharmacist, correct? And Sam is a pharmacy tech, right? With some sort of ADA protected status? This is not a matter of two siblings bickering and big papa HR coming in to tell the pharmacist/manager how to treat Sam and threatening you with termination. Your actual boss, who is not HR, should be the one who does your evaluations, gives you counseling about how to deal with employees, and would normally be the one who told you you were in danger of termination.

In the meantime, in your dealings with Sam, you should be keeping careful records of his performance, the dates you speak with him and what issues have been raised, and exactly what interactions are taking place. I honestly detect a powerless sort of attitude on your part, which sounds like someone who does not want to get tough with workers without being "told on" and running back and forth swapping grievances and "he said and she said" battles.

If you do not want to supervise people like Sam with all the unpleasant responsibilities and repercussions this involves, you do need to think of switching companies, even, to find another job. There's no big bureau of workplace fairness out there somewhere that is going to arbitrate how HR treats you and Sam. It will all just involve your using management skills to deal with a problem employee, which is something that supervisors have to do all the time. HR is not a referee, or the arbitrator, it is a resource for you to use to gather information and feedback about how to better deal with Sam and your other employees.

Yes, my regional pharmacy manager is my supervisor and she is very happy with my performance. No, I do not understand what power HR is supposed to have over me and it is very confusing to me how baseless complaints to HR got this situation so out of hand with a threat of my termination.

Yes, I am a pharmacist and the manager of the overall pharmacy. Yes, Sam is a pharmacy tech, but no he has no ADA protected status. He is takes a long time to do things, does not pay attention, forgets things, leaves tasks incomplete, and does not communicate well, but, no, he is not have mental retardation or any other official disability.

This is a case where everyone who has ever worked with Sam knows his deficiencies. My boss and the overall store manager are both very happy with me. Nearly any time I ask Sam to improve upon some aspect of his work or do anything not to his liking he files a complaint to HR. The previous HR person always seems to believe that I mistreat Sam. That is not the case at all. The previous HR person threatened to fire me. It all seems so surreal to me.

Yes, I should keep better records, though I do have some. HR doesn't seem to care what I say. Only Sam's complaints are heard. My other pharmacy tech and pharmacists have witnessed Sam's behavior and my interactions with him. They all back me up. I am typically a tough boss. When I took over as manager, my pharmacy was not performing well, but now it is doing great. That is due to the disciplines I have brought to the pharmacy. But, yes, I have shied away from being tough on Sam at all. I have felt powerless in this situation. Whenever I try to manage Sam, I end up getting in hot water with HR. It just seems so crazy to me. I backed off for nearly a year and just lived with letting Sam get his way, but the first time I bring anything up and HR is on their way.

Actually, I can deal with people like Sam. I would have either made Sam shape up or have eventually fired him, if I was allowed to do so. The problem is that Sam has the ear of HR and they are blind to the truth. Perhaps the new HR person will be more reasonable.

Thanks,
JO

 

[RentalOne]

It would definitely look like your hands are tied, HRs responsibility is to cover the company and make sure there are not any legal issues which can come back on them. Since I would assume Sam is some sort of federally protected civil class hence why HR is coming down so hard on you. I think you should maybe record and document his performance deficiencies, get statements from co workers and others who have witnessed these deficiencies. If there is a pharmacy tech assistant manager even get them involved in the process. Ask for guidance and follow the guidelines but realize that you should probably find another situation or store for you to go to. You are in a niche competitive field so you should be able to find employment a lot of different places. good luck.

Sam is not in any federally protected civil class. Sam had worked other stores in this chain and they all hated him. I did not and never would have hired him. He was magically given to me. I just cannot fathom why HR keeps and protects Sam to the point of misery and potential termination of actual valuable employees.

Yes, I am brushing off the old resume today. It is a such a shame as I've loved running my store for many years.

 

[RentalOne]

The difference effective knowledge of working with the ADA to build your managerial skills into a solid foundation would improve your ability to be respectful of the methods required to maintain quality of work standards with minimal interference of regular work standards.

(This is a long winded way of saying, learn the disability standards and figure out how to manage the paperwork effectively to provide a positive communication with the employee, HR, and corporate FAST.)

Sam is not disabled. Some poster above mentioned the ADA and now I think you are the third that assumes some sort of disability. Did I write something that implies a disability?

 

[RentalOne]

The difference effective knowledge of working with the ADA to build your managerial skills into a solid foundation would improve your ability to be respectful of the methods required to maintain quality of work standards with minimal interference of regular work standards.

This is complete and utter nonsense, this is. The ADA has nothing to do with building managerial skills, and there is nothing in the post to suggest that a disability or the ADA is involved in the first place.

Thanks, cbg! I don't know why there are so many assuming that Sam is disabled as he is not.