EAP and disciplinary measures

[kpepperz]

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

I work in a medical clinic and have 3 superiors and 2 fellow coworkers. Just today, we had HR come in to talk to myself, one of the superiors and my female coworker as a result of an incident where the coworker offended me and my fellow collegue, and I politely told her I was offended by her words. To make a long story short, she brought a personal medical issue (of my superior's) into a conversation that had nothing to do with the issue at hand, then told HR that we ganged up on her. This isn't the first time she did this. The last time she called HR was when I stated that a new procedure was not given enough time to work.

HR had us sign a paper stating we would attend training with our EAP person, and if changes weren't seen and done by June, disciplinary measures would result. The problem is, how can something like that be measured? How confidential is the information we share with EAP? How can we protect ourselves when our coworker is known to be hyper-sensitive depending on the condition of her home life?

 

[KJHOOK13]

What's the LEGAL question here?

Please state what the legal question is in your post?

 

[Beth3]

The problem is, how can something like that be measured? That's at the discretion of management.

How confidential is the information we share with EAP? Completely. As part of the services ageement signed between your employer and the EAP, the EAP's total confidentiality policy would have been explicitly spelled out. In the situation you describe, I expect the EAP will ask you to waive confidentiality to the extent that they can tell you employer that you did attend any recommended/required sessions and whether you were cooperative during those sessions.

How can we protect ourselves when our coworker is known to be hyper-sensitive depending on the condition of her home life? I can only suggest you be very mindful of her hypersensitivity and be cautious in what you discuss with her. Most everyone has worked with someone who seems totally intent on taking everything the wrong way. It's not a lot of fun.