unfair termination

Employee of The Month

Another update from the jungle…

Ella returned to work after the Labor Day holiday smugly satisfied that her diabolical plan to help her co-workers was on track. As the HR manager, she had always supported management decisions no matter how cuckoo. But her loyalty to the company shriveled with the return of Frank.

unnamed-87Frank was brought out of retirement to fix the most troubled division of the company. He told Ella and his subordinates that he had six months to improve the bottom line. His grim expression inspired fear and loathing among his subordinates. Sure enough, within a week, Ella was processing termination paperwork so fast her laptop crashed from overuse.

Pam was fired for insubordination which was easy to believe because she argued constantly. Her last manager claimed Pam would argue about whether the sun rose in the east. Ted was fired for chronically showing up late.

unnamed-89Then Frank went gunning for Anna for incompetence even though her last performance review said she practically walked on water. He accused April of winking sarcastically during a staff meeting. When Ella pointed out the lack of documentation or witnesses to back up these reasons, Frank replied that HR managers can be fired for insubordination just like any other employee.

unnamed-86That’s when Ella conceived her fiendishly clever plan. She began meeting surreptitiously with selected employees in Frank’s division to confirm their suspicions that Frank was out to get them. She promised to help them by editing their resumes and coaching them on their interviewing skills. (She keeps up with the latest HR industry trends by attending lots of SHRM seminars.)

Before long, she was processing resignations as Frank’s subordinates bailed out for greener pastures. She asked tech for a new laptop.

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Now she’s sitting in her office editing another resume when Frank and his boss barge in to accuse her of disloyalty to the company. Ella realizes that some fink must have spilled the beans about her activities.

How should Ella respond?

1. She can reply that as the HR manager and a female over 40, she’d welcome the opportunity to talk to the EEOC about any threats to her job.

2. She can thank them for stopping by as she wants to give them her resignation so that she can open a job placement consulting business.

3. She can point out that Frank’s division will soon be the most profitable in the company as employees leave voluntarily.

In the actual situation, Ella was a supervisor who achieved 100% turnover as her subordinates moved on to other jobs where they felt more valued as employees.

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I’m Not Crazy!

Mental Health1Andrea is a lawyer in the corporate legal department of a major company.  She’s never quite fit in with the rest of the department and tends to work alone rather than as part of a team.  She gets the assignments the other lawyers don’t want.

Over time, feeling isolated and unwanted, Andrea’s confidence drops and the quality of her work slides.  She thinks about calling the employee assistance program (EAP) but she’s paranoid that her boss will find out and it will be a mark against her.  So she slogs along feeling unwanted and unappreciated.

Her lowest point comes when an executive chews her out in front of the whole department accusing her of misreading a paragraph in a contract that he wants to cancel.  When Andrea protests that she wasn’t asked about how to cancel the contract, the executive says she’s incompetent and ought to be fired.

On the way home that day, Andrea buys supplies at a local craft store to build a piñata. That evening she creates the piñata and writes the executive’s name on it. Then she beats the piñata to a pulp with her tennis racket.  After that, she has a glass of wine and some dark chocolate.

Mental Health3But wine and chocolate can’t solve every problem. Andrea’s morale continues to disintegrate and she becomes deeply depressed. She begins seeing a psychologist for mental health counseling. The counseling sessions help her with personal problems even as her work situation deteriorates.

Eventually, she is fired from her job and she sues the company. The company argues that she was fired for incompetence due to emotional and mental instability. To prove it, they demand details of her sessions with the psychologist. The company argues that it has a right to this information because it paid the insurance premiums for the health plan that covered the psychologist’s sessions.

What should Andrea do next?

  1. She should make a bigger piñata of the executive and buy more wine and chocolate.
  2. She should accept that she’s not crazy; the company was the wrong employer.
  3. She should write an advice book about dealing with egotistical managers and start a new career as a business consultant.

Mental Health4The above scenario is loosely based on a California lawsuit about ten years ago where the company argued unsuccessfully that paying health insurance premiums meant it had a right to know the details of an employee’s mental health treatment. Unfortunately, arguments like the one raised by the California case make it difficult to convince employees to seek mental health treatment from an EAP or their health insurance plan.

If your company is struggling with HR issues, Corporate Compliance Risk Advisor can help you create HR policies that are appropriate for your company’s size and then serve as a resource to your staff as the policies are implemented.

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Ebook Link:  https://njshirk12.files.wordpress.com/2015/03/skh-employee-theft.pdf