Employment Law Questions? Ask an Employment Lawyer.
You have written good details and from your discussion it appears your company as been on target. It appears you have cured her complaint.However, when the complaint was investigated ensure she was able to give her information. You are not required to have her speak to the owner when you have cured her problem. She has an obligation to keep in touch with someone when she is off from work and this means calling and accepting calls from your company. Has she shared what else she wants to discuss? Is she in a protective class such as over 40, race,etc? Clearly the manager should not have been having a conversation about her in a public seeting and I assume there was some form of punishment more than transfer, such as a disciplinary write up in his personnel file. I hope you have documented all this information and you should ensure all conversation with her should be in writing . You have a right to meet with your employee without a third party. Are you planning any adverse action against during this meeting? If you answer the questions I can fully answer your question..... however you have done an exceptional write up... take care
I am sorry that I missed your phone call request. However if you can give me a time and how I reach you I can call you. I will send you a phone request. I am located on the east coast time.
I know your meeting was today. I asked you about adverse action meaning if you were going to terminate her during this meeting. From what you have told me the behavior does not support a hostile workplace. If an employee file hostile work environment they must be able to meet the standard under EEOC. This means she would have to prove that she was discriminated against based upon gender, race, age, ADA ,national origins,religion and the hostile environment was based upon discrimination. She has no authority to request termination nor does she need to be told the punishment of the managers. If she is on a 90 day probationary period then you can terminate but ensure it is not for filing a complaint, relate to her poor performance. I hope this help, just let know when, we can discuss further as well as put an action plan together.
I saw where you attempted to contact me please give me a time period, I will continue to help you with this situation. Take care
Since you thought my information helped would you please rate my answer and consider payment for answer.... thank you