Dear Evil Skippy:
One of my employees reported to me that another employee harassed her by spanking her in a “playful” manner whenever they passed on the stairs. I asked the alleged harasser to meet with me in my office, and the first thing he said was that he had never spanked anyone. I had not yet told him what I wanted to discuss with him. He later continued to deny harassing anyone but I am very suspicious based on his initial comment. Can I take his first remarks into evidence?
– Supervisor
Dear Supervisor:
I’d spank you but that might be harassing. You’re not Perry Mason in the court room, so you don’t need to worry about the rules of evidence.
As soon as your employee spontaneously denied spanking anyone, you should have raised one eyebrow (if you are able – otherwise two eyebrows is O.K.), paused for a count of three and then said: “Oh reeeeeally? What makes you think I wanted to ask you about spanking? Hmmmmmm?” Then you could have waited for him to fall apart and confess. It usually takes about ten seconds.
– Evil Skippy
I agree with ES that you should have asked your employee about his unusual remark as soon as he said it. His declaration was very incriminating, but he might have had a logical explanation for the comment other than being guilty of the alleged harassment. For example, the complaining employee might have told him about the accusation just before you talked to him.
I also agree that you should forget about the rules of evidence. Since you are not in the courtroom, you can consider any relevant facts known to you. Maybe your employee spanked and maybe he didn’t. When you make your conclusion, you can and should take his first statement into account.
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Dear Evil Skippy:
One of my employees has asked if she can bring her small dog to work. I have often wanted to bring my dog to work and am wondering if you see a downside to allowing employees to bring dogs to the office?
-- Fido Friendly
Dear Friendly:
I see a huge downside – animal cruelty complaints. If people are up in arms about a certain politician strapping his dog to the car roof, imagine the furor if anyone learns you are forcing innocent canines to spend the day in Cubicle Heck. (I have been told not to say “hell” in this blog).
– Evil Skippy
Some studies say that having pets in the workplace has positive benefits. Legal experts caution that pets may create possible accommodation issues if employees have severe allergies or phobias. Whether or not a pet-friendly workplace is good for your business is going to depend upon your work force (including such factors as its size, emotional maturity, access to open areas for “potty breaks” and the like). I can imagine how a pet friendly policy could create a great work atmosphere – and also destroy it.
Readers? What have your experiences been about pets at work – for better or worse?
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Several of you made public comments or sent private messages to me about Monday’s post, Could My Employee’s Be Having Sex At Work?
firebelly asks:
This leads me to another, general question. If the supervisor asks what evidence the employee has and it seems worthy of investigation, what is the next step? This could apply to any time one employee is complaining about another. Do you automatically go to the other employee and ask their side of the story? Do you start asking other employees if they’ve observed the same thing? Seems unfair to the targeted employee if the complaint is baseless.
Babysitter asks:
I have that issue also concerning the employee complaining about another. Drama queen can blow something way out of proportion and also embellish. Do I go to the other employee with each complaint? Do I ask others in the office what they observed?
Dear firebelly, Babysitter and those too shy to make public comments:
There are not enough opportunities to spice things up at work. Instead of suffering through yet another ho-hum afternoon, I like to blow every single complaint out of proportion and stir things up. For example, imagine all the fun follow-up conversations a supervisor could generate by going to every employee one by one and asking, “I am looking into a report that _____ and ______ have been having sex in the supply closet. What do you know about that?”
Employee bonding exercises –Extreme ES Style.
– Evil Skippy
There is no formula for answering these questions. Every case and workplace will be different. However, there is a general approach that will lay the foundation for most situations.
- Is this even a “complaint”?
- Is the complaint credible?
- What information do I need?
- What are the possible ways to obtain the information that I need to know?
- Balance the possible means and select the one(s) that are most effective while also less likely to disrupt the workplace.
Is this even a “complaint”?
Is the employee whining about something unrelated to the workplace or about something that is beyond the employer’s control (“The traffic getting here is terrible!” “I wish people would only wear natural fabrics!”)? If so, that’s not a complaint. Tell the employee to see a therapist and leave you alone.
Is the complaint credible?
In this context, whether or not a complaint is credible involves a very loose standard. It does not take much at all to meet the test. Still, come complaints are simply unworthy of belief. For example, I once had an employee file a harassment complaint about something that was going to happen later that day because the employee claimed to have experienced a clairvoyant vision. That was a call for EAP Intervention and not an investigation.
Another time, I had an employee who was about to be fired for poor performance complain that her supervisor drove her to a remote parking lot and tried to hypnotize her into taking off her blouse. The supervisor was a recent honoree of Supervisor of the Year and had never had a problem at work before. Everyone except for this particular, non-performing employee adored him. The directors and managers wanted to dismiss the complaint because the employee was obviously trying to thwart her imminent termination by making a false complaint about a well-respected supervisor. I suggested that they let me talk to the supervisor before closing the matter. When I met with him, all I said was, “There has been an unusual report about you and one of your employees.” He broke into tears and confessed. Just because a complaint sounds unbelievable does not mean that it is not credible – or true.
What information do I need?
Think about what you’ve heard so far about the complaint and ask yourself exactly what you need to know before you will feel comfortable making factual conclusions about what happened. (In Could My Employee’s Be Having Sex At Work?. for example, we’d ask ourselves what we need to know in order to determine whether or not the two employees were frolicking in the supply closet. Did anyone else see anything? Might the two employees admit to such actions?).
Again, every case will be different, but these are the types of questions I ask myself at this point:
- Is this the type of event that someone else would probably have seen or heard?
- Would this type of event usually generate documentation of some kind (memoranda, email, meeting notes, sign-in sheets, policies, security registers, etc.)?
What are the possible ways to obtain the information that I need to know?
For each piece of your factual puzzle, ask yourself if it is the type of information that can be verified or corroborated by talking to someone, reviewing something or in some other way. Who might have personal knowledge of the information you need? What documents might confirm or rule out the allegations?
Balance the possible means
Your goal is to find out what you need to know without creating chaos in your wake. You don’t have to talk to every employee or read every document – just the relevant ones.
In most cases, there will not be a single right approach. My general rule is to keep these reviews as confidential as possible in order to keep the rumor mill under control. If I can learn what I need to know without interviewing people, I will hold off on interviews until I reach a point when interviews are the only means left. If I can leave out names (of complainants and/or “suspects”) when I interview people, I do. It is not always possible. Unless there is a good reason not to, I talk to the person(s) accused of misconduct before I start talking to other possible witnesses. I do this for two reasons. First, the employee might admit to what happened and remove the need to talk to anyone else. Second, the employee might provide me with sufficient information to conclude that the complaint is not valid. That would also mean I do not have to interview other people (which would spawn rumors and take time away from productive work).
Sometimes, answering these questions will be easy. Other times, the matters can become complicated. When in doubt, talk to your manager or H.R. representatives. You can also try my favorite fallback method – the Magic 8 Ball.
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Dear Evil Skippy:
I am 36 years old and after a series of setbacks am about to graduate with my B.A. degree. For the last three years, I have been working at the same place and attending community college. My employer was great about allowing me to vary my hours so I could register for the courses that I needed. My supervisor was especially supportive, so I am thinking about sending him a graduation announcement but I do not want him to think I am hitting him up for a gift. How would you handle this?
– About To Be A College Graduate
Dear About:
I would handle this by getting as many gifts as possible. What’s the point of earning a college degree if not to rake in the goods?
– Evil Skippy
An announcement does not obligate anyone to buy a gift for you, so relax. After you relax, get some nice stationery and a good pen. Then write a personal note to your supervisor and tell him how much his support meant to you. This is not a business letter, so write it by hand instead of on a keyboard. It should go without saying, but an email or Facebook posting would not be good enough.
Personal notes. They aren’t just for your grandparents.
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Dear Evil Skippy:
Recently, one of my employees told me that she suspects two other employees of having an affair. She also said she is “pretty sure” that they are meeting in one of our supply closets to have sex during the work day. I checked the supply closet and did not find anything out of the ordinary. Without more than my employee’s suspicions, do I need to stake out the supply closet or do more to determine if her suspicions are valid? I find it hard to believe that two employees would do such a thing in such a place while we are working down the hall.
– Uncertain
Dear Uncertain:
Believe it. If something is possible, someone will do it.
Instead of wasting your time on a stake out, talk to the suspected paramours. Tell them that due to suspected thefts, the company had surveillance cameras installed in the supply room. Pause for dramatic effect, then tell them that some strange activity was discovered when the tapes were reviewed. Pause again. Then ask them if there is anything they want to get off their chests. If they blush, there’s your proof.
– Evil Skippy
Lying about cameras. . . Let’s not.
If you have not already done so, ask your employee why she has suspicions. Did she walk in on them while they were in the act? Did one of the lovers tell her what was going on? Does she just have an over-active imagination? The nature of her information will determine how far the company should go to look into this.
Do not dismiss a report simply because it sounds implausible to you. (For the record – sex in a supply closet is not implausible. Just cramped*). I once worked with a company that discovered two employees were having sex in a conference room after meetings. Another discovered employees enjoying each other’s talents in the lunch room. A third found a happy couple behind the reception desk. Supply rooms seem rather pedestrian by comparison.
* Or so I’ve heard.
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Dear Evil Skippy:
My company has a strict nepotism policy. We won’t allow anyone to work in the same department as a spouse or relative. I have been interviewing candidates for an administrative position and one of my two finalists is divorced from another manager who works in the same department as me. I know they are divorced because my fellow manager came and told me. He said he assumed his ex had not revealed their relationship and he wanted me to know so I could rule her out under our policy. I checked with the H.R. Director. She said ex-spouses are not covered by the nepotism policy, so I can hire whichever of my finalists is best qualified. My fellow manager says H.R. is wrong and also says his ex will cause trouble if she works here. Do you think I should take the easy way out and hire the other candidate? Even if it does not violate our policy, I don’t want a lot of tension with my fellow manager.
– Risk Avoider
Dear Risk Avoider:
If you don’t want tension, get out of supervision. I have a feeling you might not be equipped to handle supervision if you can’t deal with your manipulative peer.
Your H.R. Director told you to hire the most qualified candidate. Grow a back bone and hire that person, even if it is the ex. If your fellow manager throws a fit, tell him to re-marry his ex before her hire date and then she will be disqualified. Either that or get him fired for misusing the nepotism policy – then there’s no more nepotism problem at all.
– Evil Skippy
You did not say where your job is located, but many jurisdictions prohibit discrimination based on marital status. That means you might be looking at a legal claim if you reject your candidate solely because of the divorce. (Since the candidate is divorced from your peer, from a legal standpoint she has no relationship to him and should not be covered by a nepotism policy – but your H.R. Director already told you that, right?).
You should do the following:
- Tell your boss and Human Resources Director about the pressure from your fellow manager.
- Ask your boss to review your decision as a “reality check” to confirm that you selected the most qualified person and were not swayed by marital status issues.
- Document the reasons for hiring the person you eventually hire just in case you later have to prove what the real reasons were.
- Seal your fellow manager’s mouth with duct tape so he stops saying stupid stuff.
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Dear Evil Skippy:
I have a co-worker problem. “Bob” has worked with me for just under a year. We have had lunch a few times, but I do not consider the two of us to be friends. About three months ago, he started going to the same gym that I have belonged to for many years even though it is nowhere near where we work or he lives. Or used to live.
This morning, Bob told me – not asked – that I was his reference on an application he had made to rent an apartment in the same complex as the one where I live. He said it would be great if we lived so close because we could car pool to work together. That does not sound great to me – it sounds like a nightmare. What would you do?
– Worried
Dear Worried:
You do not have a co-worker problem. You have a stalker problem. Move, join a new gym and get a new job.
If that is too complicated, tell your landlord that Bob needs a new home because he “accidentally” burned down his last three residences. Treat Bob in a civil and professional manner at work, but ignore him if he shows up at the gym when you are there. (By “ignore”, I mean a total freeze). Problem solved.
– Evil Skippy
My compliments to you for not even suggesting that your supervisor should fix your problem. Unless Bob starts to do strange things on the job – like arson – this is a personal issue.
On that topic, don’t call Bob an arsonist. Unless you know for a fact that he torches buildings and you can prove it, calling him that name is what we in the legal profession call slander. This does not mean that you have to give Bob a positive reference. Tell your landlord what you wrote to me. Tell him or her that you would not like having Bob living in the same complex, but emphasize it is because you work with him and want some privacy — not because you have any dirt on him as a tenant. If your landlord has other applicants (and does not have some reason to want to make you suffer), I imagine that he or she would select someone else for the vacancy. When Bob sadly tells you that he did not get the apartment, put a minimally sympathetic expression on your face (where else would you put it?) and tell him that it is probably for the best. Then end the conversation and go back to work.
If Bob does become your neighbor, wear disguises or move or get a Taser.
Readers – two questions for you. (1) What would you do in this situation? (2) Is today’s photo too “high concept”?
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Dear Evil Skippy:
One of my co-workers has a vegetable garden. For three years now, her only successful crop has been zucchini. She ends up with enough to feed a small army and she brings the surplus to work. Every summer, my co-workers and I take a few of them, but the surplus zucchini pile grows until it covers an entire lunch table. Most of the vegetables end up getting hauled to the garbage. What can we do to stop the onslaught this coming summer?
– Likes Veggies But Is Not Insane About It
Dear Likes Veggies:
First, be sure to keep your car windows rolled up and the car doors locked. My grandfather used to leave “surprise” zucchini for neighbors and strangers on their car seats. He said it was the only way to get rid of the entire crop.
Second, grow a spine and tell your co-worker that enough is enough. Unless she knows particular co-workers want some of Nature’s Bounty, she should not treat the office like a compost heap. Tell her to take the zucchini and –
– wait. That might be harassment.
– Evil Skippy
Some people enjoy receiving surplus home-grown vegetables, but there should be a special circle of Dante’s Inferno for amateur farmers who contribute to the Zucchini Invasion. It is no coincidence that zucchini and zombie both start with the letter “Z”. One or two zucchini a week is more than enough. Any more than that should count as a violation of your employer’s Anti-Harassment Policy.
Since this has been going on for years, I suggest a public response. At the next team gathering, when the leader asks if anyone has anything else to add, act as if you have had a sudden inspiration. Raise your hand and say:
“I was just thinking. Every summer, Ms. McGregor is so generous with her zucchini crop. I feel awful when we can’t keep up with her green thumb – so much ends up wasted and we also lose use of the lunch table. Let’s all say how many we can take this year, and then Ms. McGregor can give the rest to a local food bank instead of bringing them here!”
If you want to truly close the deal, have some telephone numbers handy so she does not have to find the food bank on her own. If you want to guarantee results, enlist your supervisor in advance so he or she can immediately endorse the plan.
Either that, or tell her to take those zucchini and –
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Dear Evil Skippy:
I am working as a seasonal employee at a major home improvement store. The gardening department area is filled with birds and some nest there. As a bird lover, I enjoy their songs in the mornings. However, they can make a poo mess which makes the shopping area dirty. I gladly power wash the mess away but have been told to remove the nests when I find them, eggs, chicks and all and throw them away. Another worker has no problem with this but I do . . . what can I do?
– Soft Hearted
Dear Soft Hearted:
I agree with you. Throwing the nests away is wasteful. Save them for craft projects.
– Evil Skippy
P.S. . If you’re afraid that your employer will accuse you of theft, just be sure never to “find” a nest.
I’m not sure what is amazing me the most — using the word “poo” in my blog, or hearing about an employer who wants its workers to kill baby birds. The latter hardly sounds like a home “improvement” plan to me.
At the same time, I understand your employer’s reasoning. As a shopper, I do not want to step in “poo” or have “poo” dropped on me from above. I probably would also not relish reaching for a box of plant food and grasping “poo” that already landed on it.
Cleaning up “poo” or barf (what is a good poo-like synonym for vomit?) comes with the territory at some jobs where members of the public are expected to roam around. When I worked for a famous amusement park in California, I hated those hot days when little kids ate tons of ice cream, popcorn and cotton candy right before enjoying the many roller coasters. Ewwww.
Unless the birds you are talking about are endangered or otherwise protected by environmental laws, your employer has the right to remove the nests and to make removal a job duty. As I see it, you have three options. First, you could listen to ES and just fail to notice the nests. The problem with that approach is you either have to lie or be inept. Second, you could quit. A better choice is to talk to your supervisor. Perhaps you can be excused from Nest Duty if you have enough co-workers who are willing or even eager to kill defenseless baby birds. Of course, that means you are working with Baby Bird Killers, but life is full of compromises.
As long-time readers of this blog know, I advise folks that they need to comply with legal and reasonable job expectations. While removing and possibly terminating unwanted pests (mice, rats, birds, vendors) is a legal job expectation for some positions, I hope that most employers understand that employees may have strong objections to being instruments of something’s premature demise. (In some cases, employees might have a valid religious objection to killing other creatures. In those cases, employers would have a duty to accommodate the employees if possible and not require them to snuff Tweety.)
Talk to your boss. Perhaps you can be excused from the task if eggs or baby birds are in the nest. If it is not possible to excuse you (possibly because many of your co-workers would also want to be excused), then you either have to perform the job or look for another one. Perhaps you could transfer to another department.
Or, if you don’t want to be nice and wimpy like Jim – be creative. Call your local Audubon Society or bird watching club. Anonymously report what is happening. The protestors should show up in no time. You might become the first Retail Bird Sanctuary!
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Dear Evil Skippy:
I am a supervisor with a problem. (Or is having a problem something that I do not need to say since problems seem to come with the job?) One of my employees is sort of a jerk. He has made rude comments to a particular co-worker about that co-worker’s work (trashing it in team meetings with everyone present). He has also made personal comments that I can only describe as put downs. I have counseled him after each incident and issued a written warning last week after he did not improve. (I have not ignored the problem – so please don’t slap me).
When I issued the written warning, my employee said it was not fair for me to expect him to act like the co-worker’s friend. He told me that he has a personality conflict with the guy and nothing I do or say can make him like his co-worker. Do you have any ideas for how I can overcome this employee’s resistance? I’d like not to fire him since he does great work when he is not targeting the co-worker.
– Stumped Supervisor
Dear Stumped:
The first thing you need to do is hand back the weasel. Don’t know what I am talking about? Read Take No Weasels. Then do a search for “weasel” using the box at the bottom of this page and read many different ways that a supervisor can be weaseled.
You took a weasel when you let your employee hijack your counseling session so he could talk about a personality conflict. You weren’t telling your employee to be his co-worker’s BFF. You were telling him to behave himself at work. This means treating his co-worker in a mature and professional manner. Your employee does not have to like anyone, but he does have to conduct himself in a respectful way. This means no put downs and no trash talk. If he balks, stick to your guns and repeat the message.
You could say something like this, “I can’t stand you, but I treat you with respect. I expect you to also be respectful toward co-workers whether or not you like them.”
– Evil Skippy
This is simple supervision, but only if you actually do it and monitor the results of your corrective action efforts. Be specific with your counseling – and be sure your employee understands that if he does not meet your expectations, he will be fired. Or terminated. Read last week’s article and take your terminology pick.
What you’ve described sounds like a variety of bullying to me. Put downs and shaming a co-worker in front of others are not acceptable. Kudos to you for staying on top of this. Now, give back the weasel and continue to escort your employee down the Corrective Action Highway. Whether he improves and exits to Continued Employment or resists and arrives at No Longer Employed is up to him.
Tell your employee that you are not talking about how he feels about anyone or anything. You are talking about his conduct at work and how that conduct is sometimes unacceptable. He needs to stop the unacceptable conduct no matter how he feels about his peer. It’s about conduct, not opinions.
By the way – don’t tell your employees that you can’t stand them, even if it is true. Just sayin’.
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