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Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8183
Experience:  JD, BBA, recognized by ABA for excellence.
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I have a Female employee that seems to be confusing to us at

Customer Question

I have a Female employee that seems to be confusing to us at the moment. Initially she walked out on the job Saturday due to a disgareement with an assistant manager. We conducted an investigation in regards ***** ***** allegations. Our findings after speaking to her and all the parties involved did not arise any type of herrasment as it seemd to be provoked by her to achieve a rise out of this assistant manager who is a male. To get into deeper details, she had overheard from a customer that this assistant manager had been speaking to the store manager about displening her for being constantly tardy. She took offense to the fact that it was heard by customers and decided to approach this assistant manager in regards ***** ***** situation. The time she approached this invidual it was a busy day with plenty of customers and 30 minutes before he was supposed to report to a company wide conference meeting with all of us in another state. He repeatedly told her that he will discuss this matter with her at a later time, as she had indicated to him that she initially wanted to discuss it with at his earliest convenience. However, that did not deter her from constantly asking him about it and her getting the same exact response. She then said that he eventually got irrate and raised his voice facing her in our lab room which is approximatley around 15 feet by 10 feet. Bare in mind that the standing distance at that point is only a few feet if they are conducting any work on the same table which is 6 feet in length. She claimed that she felt as that was a hostile enviroment and wanted to leave. At which time another assistant manager walked into the same room as they were preparing to conduct the conference call and witnessed her saying I want to leave I do not feel comfortable about this. The original assistant manager told her that you do not have permission to leave the shop as there is only 2 of us on the clock right now and we have customers. She refused and picked up her belongings and left.Now we have a non-disclosure agreement with all employees refraining them from discussing any company information, secrets or employee information in public. We deciced to act on this with both assistant manager and manager as well as we believe that this type of information should never have leaked and reached anyone via third party. We also decided to move the assistant manager temporarely to our traning facility to conduct more training and do the same with our current store manager.We contacted the female who had not showed up to a single one of her shifts since saturday and informed her that we are going to pay her for being away from work as we conduct this investigation. We did, and we called her today and informed her that she can return back to work on her next scheduled work day as she will not be working with that assistant manager anymore. She found a new reason to raise more issues. She believed somehow that the investigator in this situation was the owner of the company. She now claims mis-representation from him, although the investigator happens to be our district manager in that state and is assigned to investigate any disgareements or herrassment claims. She keeps on requiring us to listen to her while her step-father is present. Now we know that her step-father is a retired attorney.We honestly now feel like she is looking for any reason to get as many folks in trouble. Folks that were not even there during her alligations. She has simply accused the assistant manager of being insane and with small man syndrome to our investigator during our investigation. She also has not been coaperative with our investigation. Not returning our calls and not accepting to speak with us. We also feel as if she is now on a trend of herrasment towards us, requesting to only speak to the owner in regards ***** ***** much everything. We feel as if she is planning to obviously file suit and we want to be covering our situation properly. Do we have any legal ground against her attitude towards pretty much attempting to get everyone in trouble? Bare in mind she has only been employed in this company for 3 weeks, and does publicly represent our competition. I am sorry if I am not clear please ask me any questions, we are very concerned.
Submitted: 11 months ago.
Category: Employment Law
Customer: replied 11 months ago.
Also, should I allow her step-father to be present when we speak to her as she plans on having him present over a phone conversation with our human resources manager tomorrow. I don't feel comfortable with him being there, and I feel as if this is some sort of entrapment.
Customer: replied 11 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Faye Lee replied 11 months ago.

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

Customer: replied 11 months ago.
Hello,Assistant manager and manager have been written up work an actual final warning. Everything has been placed into a documented file, we stated the incident, findings and conclusion. Honestly we don't know who is at fault. I do however feel like she is going to go after more people now, at least it sounds like it. In our meeting tomorrow, we will be recording the conversation and she will be consented, the meeting is to discuss even more issues that she has not brought up. I honestly feel like she is now a cause of hostile work environment and my mangers are literally distressed over it in both states. She is demanding for our assistant manager to be fired and now will not communicate with our district manager because she says that she was deceived to believe that he is the owner, when he never said that. She has been back pedaling all along and keeps racking up more issues to make herself look right. I honestly do not want to employ her. She is on a 90 day probationary perio and she is a very troubling employee that is now becoming a key to am unstable business crew. I do not understand your last question can you please refrase?
Customer: replied 11 months ago.
Also if I terminate her, does she have a case? She is a female, and I believe that is a protected class? She is in her early 20s. Not disabled and Caucasian.
Expert:  Faye Lee replied 11 months ago.

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.

Thanks again

Expert:  Faye Lee replied 11 months ago.

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

Faye Lee

Customer: replied 11 months ago.
Situation has been resolved. Thank you for answering my question.
Expert:  Faye Lee replied 11 months ago.

Since you thought my information helped would you please rate my answer and consider payment for answer.... thank you