Presentation on theme: "Management: All that you dreamed it would be… Sandy Goergen, Vice President, Human Resources."— Presentation transcript:
Management: All that you dreamed it would be… Sandy Goergen, Vice President, Human Resources
SANDY’S Dock Walk Down Memory Lane ► Up in Smoke…welcome to the left coast! ► Work Place Violence – Warning Signs ► ”This is harassment/Bullying/Hostile Work Environment!” Welcome to the new “educated employee.
UNEMPLOYMENT CHAOS YOU HAVE A DRUG/ALCOHOL POLICY NOW WHAT - OR … SO WHAT? ►While driving a Company vehicle, Employee hit a parked car – at noon – exiting Company parking lot. Automatic drug test required and conducted. Failed test. Tested above policy limit of 50ng for THC. $5, in damages and liability claims.
UNEMPLOYMENT CHAOS ►Employee Terminated – Simple…right? ► Employee files for unemployment: Employer responds – Terminated for Misconduct/violated Company drug/alcohol policy – tested above limit – vehicular accident/$5,000 damages. ►Initial ruling in favor of ER! Yes!!
UNEMPLOYMENT CHAOS ► EE filed appeal – decision reversed (it is California after all)…ruling: a) Misconduct has to be wanton/willful b) A single dereliction or minor (?) acts of negligence do constitute misconduct c) Did not show a pattern of negligence d) While he did test positive – test did not disclose actual level of drug in system
UNEMPLOYMENT CHAOS e) Except for accident no evidence he was unable to perform job! f) Dr. prescribed the marijuana for the claimant and “led” him to believe the level of RX in his system was far below the level of a positive test (??) g) EE was acting under the instruction of a medical provider – therefore acting under the “color of California law.”
UNEMPLOYMENT CHAOS h) Without evidence of impairment, other than the “mere fact” of the presence of some uncertain amount (interesting…we weren’t uncertain at all) of marijuana in his system, the employer has not established the claimant was impaired or guilty of misconduct! ► ER files an appeal Court of appeals find no material errors or findings of fact…decision properly applied. ► Next step…Superior Court?
UNEMPLOYMENT CHAOS LESSONS LEARNED Does it all REALLY matter? YES
WORK PLACE VIOLENCE THE SIGNS ► Long term Employee – 11 years ► Early warnings – “agitated easily” – “storms off” – “shakes fist” in face of employee ► One year prior – Note to file: trouble completing work - short tempered – negative attitude ► Two months prior – Annual Performance Review – Area for Improvement – “Anger management issues.” Employee did not sign form – wanted to “think” about how to respond. No follow-up.
WORK PLACE VIOLENCE ► The BIG event: During a phone conversation with another employee individual was notified of the need to go service a home. EE exploded into obscenities demanding to know who made the “error.” When individual returned to the offices at end of the day - manager saw him and while he attempted to speak to her she indicated she did not want to speak to him in the parking lot. He got extremely angry and threw his “heavy set of keys” at her and said “I quit! He then requested his personal keys to be taken off the key ring and wanted to be driven home…
WORK PLACE VIOLENCE ► Employee drives Company vehicle – lives 40 minutes away – up a mountain road… ► Employee followed manager into office…seemed to calm down – said he would “go to the Doctor” on Monday…but was still in a “tirade.” Manager said she would discuss the incident with HR on Monday. Employee was allowed to take vehicle home. (Other options?)
WORK PLACE VIOLENCE ► I drove to the property on Tuesday to facilitate the return of the vehicle. I personally contacted the employee to have him meet me with the vehicle. He was belligerent and said it wasn’t a convenient time. And in fact probably wouldn’t be convenient all day. I reiterated my intention of retrieving the property today and that if it wasn’t returned I would be forced to notify the authorities. ► He asked: “Did you receive my fax notice of being on Medical Leave effective Monday?”
WORK PLACE VIOLENCE ► The dance begins …I reminded him that he quit on Friday, therefore since he was no longer an employee he could not be on a leave of absence. ► I reminded him that my goal was to retrieve the vehicle today…we set finally set a time for 10:00 a.m. ► I notified the police and asked for their presence during the exchange. They said to give them 10 minutes notice and they will be there.
WORK PLACE VIOLENCE ► At 9:30 the individual called and said he just took his medication and could not drive…someone would have to come pick up the vehicle. ► What would you do? Tow truck? Send another Employee? ► Notified authorities of situation. They offered to dispatch “keep the peace” officer and escort manager/employee to residence to pick up vehicle.
WORK PLACE VIOLENCE LESSONS LEARNED ►Are you REALLY listening, hearing, seeing – asking? ►During exit interview one employee experienced – observed of this individual: Outbursts Bad attitude Chip on shoulder Too much drama When asked “were you ever concerned he could have gone postal? – yes, I thought about it, you would be stupid not to.”
►The signs were there – we made excuses. Too much stress – he is a good guy – overworked … ►Are you REALLY listening, hearing, seeing ►YOU PAY THE PRICE - MORE IMPORTANTLY… YOUR EMPLOYEES PAY THE PRICE ALWAYS KEEP THE AUTHORITES INFORMED! ►No histrionics…just the facts. They will advise and counsel. “Keep the Peace” officer. ►Goal NOT to escalate – but to contain and de-escalate
I KNOW MY RIGHTS! The new “educated” employee… I have had employees tell me this year… ► “I am being discriminated against because of my age…(he was 26) ► “I am going to file a hostile work environment claim …(individual and co-worker had words in the office…) ► “Manager looked at me with “mean” eyes…I feel uncomfortable and intimidated…”
Separating the Wheat from the Chaff ►Co-worker calls another “f…ing…retard.” ►Co-worker inquires about another’s “sexual position preferences with husband.” ►Manager exposes himself while showing employee torn shorts.
BEST DEFENSE? SWIFT – THOROUGH – DECISIVE ________________________________________ ►Walk-about ►Act - when you hear something – call me ►Learn – listen… ►Know - your employees – be available/ approachable
WHAT YOU NEED TO KNOW BULLYING The “new” buzzword ►Since states have introduced anti- bullying legislation ►16 Bills are currently active in 11 states ►Bullying is closely tied with workplace Harassment claims ►2015 – California will require mandatory training as a part of sexual harassment training
WORKPLACE VIOLENCE ►20% of all reported violence occurs in the workplace ►2 million workers are injured due to workplace violence annually ►Workplace violence was the cause of 11% of all workplace fatalities in 2010
IMPLEMENT ZERO TOLERANCE POLICY ►Threats/violence will not be tolerated ►Establish reporting mechanism ►Except as allowed by law, regulate or prohibit guns/other weapons on Company property ► Culture of respect and professionalism among employees