HR Question

[stomachmonkey]

So let's say a company has laid off an employee due to a reorg.

Later in the day, after normal work hours, the laid off employee sends a text message to a current employee saying "your next".

Now let's say that the real sender of the text was another current employee who meant it as a joke. IMHO a cruel joke and not funny in any way shape or form.

When questioned sender claims he was just joking but also thought it would be helpful to recipient to maybe take his job more seriously. IMO whether or not recipient does or does not is not part of the equation.

Sender is higher up the food chain than recipient but not in the same reporting structure/department so it's really none of his business anyway.

One of the employees reports to me, the other does not.

Have spoken to both of them but not sure yet how much farther to take it.

What are the legal exposures for the company?

[Gogar]

Both remaining employess should report to HR immediately for drug testing.

[Heel n Toe]

Somebody here has this as part of their sig...

"The beatings will continue until morale improves."

I think this is a case for putting on the black leather gloves and having a morale boosting session.

[legion]

This has only happened once from this employee?

This is the kind of thing you issue an official warning on that goes in this guy's file. If he learns his lesson, no harm, if he continues, this will start the paper trail to eventually justify his being escorted out by security.

[sammyg2]

He's obviously an idiot. Only a total idiot would even think of doing that.

If your company likes employing idiots, he can stay. If they don't like idiots, he has to go. Simple as that.
I'd fire him in a second. Not only because I'd be helping to diffuse a legal problem, but also because it would be the right thing to do.

Too many smart people out of work to keep idiots on the payroll.

[dhoward]

After normal work hours?
Since when does what I do after hours have anything to do with where I work.
(Rhetorical question, but still pisses me off)
What a bunch of pussies we have become.
"I'm calling HR..."

[The Gaijin]

Call him in and slide a piece of pink paper in front. "We need to talk.."

[flatbutt]

Originally Posted by dhoward

after normal work hours?
Since when does what i do after hours have anything to do with where i work.
(rhetorical question, but still pisses me off)
what a bunch of pussies we have become.
"i'm calling hr..."

+1

[stomachmonkey]

Originally Posted by dhoward

After normal work hours?
Since when does what I do after hours have anything to do with where I work.
(Rhetorical question, but still pisses me off)
What a bunch of pussies we have become.
"I'm calling HR..."

When a VP of the company (me) gets phone calls from a distraught employee at midnight on a friday night and has to deal with it for the rest of the weekend.

And when you use a company resource to send texts to another employees company cell phone....

[TechnoViking]

I just completed an hour long harassment prevention program for my employer so it's all still fresh.....

Let's see, harassment can happen any time, any place, even away from work.

But a single incident does not constitute the kind of harassment that one rank-and-file employee can commit against another. There has to be a pattern to establish harassment of that kind.

Does the recipient of the text have any grounds to claim harassment (race, creed age, color, sexual orientation, disability, etc.?)

Either way, you need to take action of some kind and document it. If there is a possible harassment claim possible in the future based on a "protected" status, extra attention might be warranted.

My opinion: I'd be surprised if there weren't another employee or two in your organization who may have found jokes, etc. by the sender inappropriate in the past but did not say anything. That's the pattern you need to watch out for.

[stomachmonkey]

Originally Posted by Martin Smith

I just completed an hour long harassment prevention program for my employer so it's all still fresh.....

Let's see, harassment can happen any time, any place, even away from work.

But a single incident does not constitute the kind of harassment that one rank-and-file employee can commit against another. There has to be a pattern to establish harassment of that kind.

Does the recipient of the text have any grounds to claim harassment (race, creed age, color, sexual orientation, disability, etc.?)

Either way, you need to take action of some kind and document it. If there is a possible harassment claim possible in the future based on a "protected" status, extra attention might be warranted.

My opinion: I'd be surprised if there weren't another employee or two in your organization who may have found jokes, etc. by the sender inappropriate in the past but did not say anything. That's the pattern you need to watch out for.

Thanks,

That was my gut and kind of what I thought. Was not wanting to make a federal case out of it.

Offending employee is actually pretty bright which is why I was surprised by his actions.

He admits he had a few drinks when it came to him.

Offended employee has no other basis for harassment.

[BlueSkyJaunte]

1) He's an idiot for using "your" when he should have used "you're". On the basis of this alone he should be fired.
2) Anyone who thinks HR is there to protect the employee(s) is an idiot. HR exists merely to provide a paper trail that will protect the CORPORATION, nothing more.

[TechnoViking]

Originally Posted by BlueSkyJaunte

2) Anyone who thinks HR is there to protect the employee(s) is an idiot. HR exists merely to provide a paper trail that will protect the CORPORATION, nothing more.

He speaks the truth.

[TechnoViking]

The most interesting thing I learned in the training was that YOU personally can be sued along with your employer for harassment.

That's right - YOU can lose your house, life savings, everything if an employee or even coworker sues and wins.

[legion]

I believe that everyone screws up at least once in their professional career.

I don't believe in showing someone the door for one mistake (unless it is pretty bad). I do believe people should be given the opportunity to learn from their mistakes.

It is people who either can't or won't learn from their mistakes that are the problem.

My father owned and managed several small companies during his lifetime. He was the kind of boss that would fire people immediately for small mistakes. This created a work environment where no one would take responsibility for problems (out of fear) and ensuring one did not get the blame was more important than fixing the problem. Towards the end, it was always a pretty toxic work environment and he had trouble retaining people.

[Looking_for_911]

Originally Posted by dhoward

After normal work hours?
Since when does what I do after hours have anything to do with where I work.
(Rhetorical question, but still pisses me off)
What a bunch of pussies we have become.
"I'm calling HR..."

Same dammmed question I had when I was forced by my supervisor to go through all the company required medical, ie: drug screening, checks ups when I had a car accident on the way home from work After work hours.
I was rear ended by an 18-wheeler. Went to the emergency room. They held me out of work for a couple days. When I called in sick to my boss the morning after the wreck I was informed that I would have to report to the clinic the company uses for Work Related injuried, etc. to be assesed before returing to work! Volumes could be written about the crappy level of treatment and what a joke this place is. Most veterinary clinics have more qualified doctors and nurses!
Oh, in 17-years I had called in sick, at that time, only two times, except for a scheduled surgery and recovery time.
So, it wasn't like I was a habitual abuser of sick time.
Long story short, depending on your state, if it's an "At Will" work state like cess pool, er, Sweet Home Alabama, they can make you do most anything they want to.
I do know this. After talking to some of my co-horts, they to a man have all said they've been run through the mill like this as well and all said they wouldn't ever again tell the company they were hurt if they had to take sick time.

To stear this back closer to the topic at hand, I think the guy shouldn't be fired, but should be hauled in and some sort of "counseling" be administered. He needs to know that his "joke" wasn't funny to the person he sent it to, nor you, and certainly not the company.... in light of the economy and all it's cruel to screw around with a person's job, so I can see where the guy that got the message was scared/upset. But I'd tell him not to worry until he heard it from someone higher up than the jokester. And maybe not call me at midnight!

[stomachmonkey]

Originally Posted by Looking_for_911

After talking to some of my co-horts, they to a man have all said they've been run through the mill like this as well and all said they wouldn't ever again tell the company they were hurt if they had to take sick time.

I don't doubt the company sucked but most likely the reason they do that is to limit their exposure to workplace injuries and disability payments.

My ex sis in laws brother pulled a few. Broke his ankle playing softball, (drunk) one Sunday night.

Went to work the next day, climbed a ladder while others were around. When no one was looking he climbed down, laid on the ground and screamed. Claimed he fell.

He did something similar a second time. Don't recall the details but it was after he wrecked his car.

[rnln]

OMG. So many of you really think you never make a mistake? It was a joke, a bad joke. Everyone needs to make his living, you are no different. Give him a warning and he'll remember it.
PS: they might be friends. The sender might thinks he is joking with "his friend".
To deal with the recipient. Hey, someone sent you a punch outside of work, punch him back. Why call me? i am only a boss at work, not your dad.
No reason to fire the sender.

[Icemaster]

A joke is lowering someones chair or filling their lap drawer with shipping peanuts. Since it was done on a company owned asset, you've got obligations to address it. HR would want you to counsel, document, and drop it in his file (mine would anyway...).

Reality, call him to your office, ask him what manner of apology he's going to offer the other employee, his SO and kids (if applicable). Ask him how pissed he'd be if the tables were turned. Screws up again, then it's formal.

Human Resources should be honest about themselves and be renamed Risk Mitigation. There's no "human" in Human Resources.

[Looking_for_911]

Originally Posted by Icemaster

A joke is lowering someones chair or filling their lap drawer with shipping peanuts. Since it was done on a company owned asset, you've got obligations to address it. HR would want you to counsel, document, and drop it in his file (mine would anyway...).

Reality, call him to your office, ask him what manner of apology he's going to offer the other employee, his SO and kids (if applicable). Ask him how pissed he'd be if the tables were turned. Screws up again, then it's formal.

Human Resources should be honest about themselves and be renamed Risk Mitigation. There's no "human" in Human Resources.

This is good! Nice solution. No need to fire him or make it formal, embarass him first! I like it!

The biggest sin here and in so many cases is that he uses company equipment to play his joke.
Companies (HR-types) are so paranoid now over lawsuits it's not surprising so many would react the way they have. To over state: Nothing Human nor Humane in HR!