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Guidance needed-ADA and paranoia
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Guidance needed-ADA and paranoia
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
I have an employee that we have been struggling with for over a year. Issues began when a co-worker/friend was promoted to be her supervisor; now, a year later, we have had several issues with he
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Re: Guidance needed-ADA and paranoia

posted at 3/1/2012 9:57 AM EST on Workforce Management
Posts: 173
First: 9/29/2011
Last: 2/11/2013
Your concerns regarding an EEO case may be valid.  Any employee can file an EEO claim at any time; what's critical is that you have processes in place and everything is documented.

Do you have an EEO/Employee complaint investigation/resolution policy in place?  What kind of records of performance are your managers and supervisors keeping?  What were the reasons for a move to another shift and are they documented? Same thing for the suspensions - are there clear violations of company policies that provide for suspensions?  Have other people been suspended for similar offenses?

What would the basis of an EEO complaint be?  Race? Gender? Age?

Re: Guidance needed-ADA and paranoia

posted at 8/7/2012 8:45 PM EDT on Workforce Management
Posts: 4
First: 2/29/2012
Last: 8/7/2012

In Response to Re: Guidance needed-ADA and paranoia:

Did she claim she was being harassed or was she the harrasser? I am confused on that point. If she was not the harraser, why was her shift changed/demoted and why was she the one moved? That could be seen as retaliation for making the claim. If she was the harrasser, I am not seeing any issues with the punishment. The employer could have decided to terminate her then and there with no issues.

No she was not the harasser it was a hard situation on the individual however she asked to be moved from that team. Secondly she stated she did not want an individual to lose their job in the economy; I though was a brave moved based on the facts.

Of the situation.
There is no requirement to place her for training in the new shift unless it is policy to do so and retaliation for filing the harrassment claim. If she was a prior leader, I am surprised she didn't already have the training needed. I Also one reason that companies hate to demote is that it is a very hard adjustment for both the employee and other employees and the new boss. I've NEVER had one go smoothly.

This is a complex process many individuals can explain in theory however hands on requires training for any individual.


Did she claim ADA coverage for PTSD and when? What accommodations did she ask for and what accommodations did you give?

This was brought forth at the time of the sexual harassment and no accommodations were asked for and none were offered.



Any employee can be held to performance standards regardless of any prior claims.

Unfortunately the part of the process that the individual was learning is a very technical process requiring a high level of technical knowledge. The whole validation process concerns me for the lack of consistency in the information being asked of individuals which I say again lacks "consistency" and no true standards exists. The validation questionnaire has over 200 questions and the VRB Board can ask any question and this varies depending on individuals as least it is feedback I have received from many that have gone through the process.


As the employer, you have to make sure that you are not using the claims as any reason for the bad performance.

There unfortunately has been a broad disconnect again concerning consistency across the facility. Another concern I have is that the OHN required an medical examination & pushed the need for medication on the individual. Which, her diagnosis was she was chronic/severe however she has always been able to perform. On a last note we terminated her 8/3/12 I'm afraid we need to get ready for this one. The individual has always been a good performer until issues began to surface. This was out of my hands the Mill Manager ultimately made his own decision.

If another employee had not had a presentation ready, would they have been on action and then suspended? If another employee avoided their Team Leader, what would the consequence be? Just some thoughts. My opinion definitely hinges on whether she was the harrasser or not.


Posted by rrupert

Re: Guidance needed-ADA and paranoia

posted at 8/7/2012 8:51 PM EDT on Workforce Management
Posts: 4
First: 2/29/2012
Last: 8/7/2012
In Response to Re: Guidance needed-ADA and paranoia:
What does the "only had 56 days to validate age 45" mean?
Posted by howard7


Hi Howard you can refer to my post and hopefully this will give you clarification. Unfortuantely this employee was terminated 8/3/12.

Re: Guidance needed-ADA and paranoia

posted at 8/7/2012 9:06 PM EDT on Workforce Management
Posts: 4
First: 2/29/2012
Last: 8/7/2012
In Response to Re: Guidance needed-ADA and paranoia:
Your concerns regarding an EEO case may be valid.  Any employee can file an EEO claim at any time; what's critical is that you have processes in place and everything is documented. Do you have an EEO/Employee complaint investigation/resolution policy in place?  What kind of records of performance are your managers and supervisors keeping?  What were the reasons for a move to another shift and are they documented? Same thing for the suspensions - are there clear violations of company policies that provide for suspensions?  Have other people been suspended for similar offenses? What would the basis of an EEO complaint be?  Race? Gender? Age?
Posted by nork4


Things are documented however there again I hate to say the word "INCONSISTENCY".  I'm looking for ADA and retaliation. I failed to mention an internal invesigation was completed and some action plans were put into place for 1 of the individuals.

However she included information in the investigation that implicated her Team Leader & Mill Mgr.  The word on the floor is that her peers are saying that they got her out of there for standing up truth. It's one of the most complicated situations I've personlly delt with. In meeting with the mill mgr it was clear his only direction was to get her removed. Although we have documentation on her many others have went without any severe consequences as it relates to validation. Other than written & a few suspensions. My problem is that we have left several loops holes in this one. Thanks so much for you input please continue.

Re: Guidance needed-ADA and paranoia

posted at 8/7/2012 9:14 PM EDT on Workforce Management
Posts: 4
First: 8/7/2012
Last: 8/19/2012
In Response to Re: Guidance needed-ADA and paranoia:
In Response to Re: Guidance needed-ADA and paranoia : Things are documented however there again I hate to say the word "INCONSISTENCY".  I'm looking for ADA and retaliation. I failed to mention an internal invesigation was completed and some action plans were put into place for 1 of the individuals. However she included information in the investigation that implicated her Team Leader & Mill Mgr.  The word on the floor is that her peers are saying that they got her out of there for standing up truth. It's one of the most complicated situations I've personlly delt with. In meeting with the mill mgr it was clear his only direction was to get her removed. Although we have documentation on her many others have went without any severe consequences as it relates to validation. Other than written & a few suspensions. My problem is that we have left several loops holes in this one. Thanks so much for you input please continue.
Posted by Angela67


HR101 changed & updated Profile

Re: Guidance needed-ADA and paranoia

posted at 8/7/2012 9:19 PM EDT on Workforce Management
Posts: 4
First: 8/7/2012
Last: 8/19/2012
In Response to Re: Guidance needed-ADA and paranoia:
What is your role in this scenario?
Posted by nork4
The individual came to me with a request first for off-line conversations, I was involved in the fist investigation (SH). I am the one who completes all necessary paper work & filings. In addition to being present for one-on ones. I will ultimately handle the issue with he direction of legal & my Team Leader.

Re: Guidance needed-ADA and paranoia

posted at 8/19/2012 12:12 PM EDT on Workforce Management
Posts: 4
First: 8/7/2012
Last: 8/19/2012
In Response to Re: Guidance needed-ADA and paranoia:
In Response to Re: Guidance needed-ADA and paranoia : Things are documented however there again I hate to say the word "INCONSISTENCY".  I'm looking for ADA and retaliation. I failed to mention an internal invesigation was completed and some action plans were put into place for 1 of the individuals. However she included information in the investigation that implicated her Team Leader & Mill Mgr.  The word on the floor is that her peers are saying that they got her out of there for standing up truth. It's one of the most complicated situations I've personlly delt with. In meeting with the mill mgr it was clear his only direction was to get her removed. Although we have documentation on her many others have went without any severe consequences as it relates to validation. Other than written & a few suspensions. My problem is that we have left several loops holes in this one. Thanks so much for you input please continue.
Posted by Angela67


I failed to included this disability was known in 2010: Seual Harrassment (valid Claim) no with this being known how does this affect this situation (concerned ldr)

Re: Guidance needed-ADA and paranoia

posted at 8/19/2012 12:25 PM EDT on Workforce Management
Posts: 4
First: 8/7/2012
Last: 8/19/2012
In Response to Re: Guidance needed-ADA and paranoia:
Your concerns regarding an EEO case may be valid.  Any employee can file an EEO claim at any time; what's critical is that you have processes in place and everything is documented. Do you have an EEO/Employee complaint investigation/resolution policy in place?  What kind of records of performance are your managers and supervisors keeping?  What were the reasons for a move to another shift and are they documented? Same thing for the suspensions - are there clear violations of company policies that provide for suspensions?  Have other people been suspended for similar offenses? What would the basis of an EEO complaint be?  Race? Gender? Age?
Posted by nork4


Your concerns regarding an EEO case may be valid. Any employee can file an EEO claim at any time; what's critical is that you have processes in place and everything is documented.

·          Do you have an EEO/Employee complaint investigation/resolution policy in place? YES

What kind of records of performance are your managers and supervisors keeping?

·          Personal notes & Write ups/suspension

What were the reasons for a move to another shift and are they documented?

·          Unfortunately Sexual Harassment that was proven to be true we knew of the PTSD condition at that time.

 

Same thing for the suspensions: NO

Are there clear violations of company policies that provide for suspensions? : YES

 

Have other people been suspended for similar offenses? YES

 What would the basis of an EEO complaint be? Yes, retaliation due to internal investigation and know PTSD

Race? Gender? Age?
Posted by nork4

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