HR people/managers - Help - difficult employee

I've found that the most difficult part of my job is managing people. I just don't know how to deal with difficult employees.

I have one in particular who shows up an hour later than everyone else to begin with and then calls in late (even later than he usually comes in) once every 2-3 weeks. He used to call in sick all the time. He is lazy and a consistent B- performer. The frustrating part is that he is a smart man and capable but I think he has some issues:

1. I came in 2 years ago as his supervisor and he has been in this company for 10 years. I am 10 years younger than him .
2. His former position gave him more flexibility in terms of hours (come in later, work later) but the position he's in now, those type of hours are not condusive.

I've had numerous talks with him and he basically stormed out on me and screamed that I was not sensitive to his medical issues (of which he never told me about). BUT despite these stated medical issues, he continues to eat poorly, smoke, etc. and abuse his body.

My supervisor basically told him if he was late one more time he was fired. The problem is that we do not have a stated company policy about work hours or lateness so I feel that everything is empty threats on my end. also, we have another employee that is even worse and has had threats to be fired but has never been fired.

My fear is that acceptance or non disciplinary actions toward this type of behavior will make the other employess who are good performers resentful that someone gets away with this.

My director came from a large firm, where it was almost impossible to fire someone for fear of employment discrimination issues.

This morning he sent an email again saying he as going to be late. This is his second time in 2 weeks.

I asked what the reason was and his response -

"I had diarrhea throughout the night which kept me up until 4:30 this morning. I barely slept".

I almost feel like his response was “F U, I’m running late and that’s all you need to know”. Anyone else that would be fine but given his history . . .

what would you do?

Re: HR people/managers - Help - difficult employee

what is the medical condition?

Re: HR people/managers - Help - difficult employee

I would ask him for a doctor's note every single time he's late & out sick.

Use the Golden Rule of Interviewing. If during an interview, he told you that he was going to be late a few times a week, then call in sick a few times, show no respect towards you or his job - would you have hired him? If not, fire him.

Re: HR people/managers - Help - difficult employee

Re: HR people/managers - Help - difficult employee

Re: HR people/managers - Help - difficult employee

To be honest, stating that he'll be fired the next time he does XYZ and then not firing him is getting him in the habit of "I don't give a cr@p, b/c you won't actually do it." It's empty threats.

In regards to his "medical issue" - HR should have a copy from a doctor stating such, and he should also keep his doctor's note up to date as he should be under constant supervision by a doctor if it is that serious.

I work in Corporate America, and let me tell you something - it is merely IMPOSSIBLE to fire someone. It is one of the hardest things to do and a case has to be built up against that person.

If he's performing w/in his capabilities then it's going to be tough.

Re: HR people/managers - Help - difficult employee

Maybe instead of speaking to him, WRITE to him. This way you have a record of when you addressed the issue. Then, when firing time comes around, you can use that as your backup.

Re: HR people/managers - Help - difficult employee

Make sure you have documentation of the latenesses, etc. Do you have a performance eval system?

Re: HR people/managers - Help - difficult employee

Re: HR people/managers - Help - difficult employee

sounds like his stomach issues are not diagnosed. I would request a doctors note explaining his medical conditions and how they will affect his attendance. Also, calmly explain to him that it's unacceptable to come in late and call in sick as often as he does without a doctors note explaining why. I suspect he has some issues he has not resolved and this is the kind of tough love so to speak that he needs.

Give him a timeline or a probation period to correct his attendance issues and possibly get a grip on his health issues. Explain if he cannot adhere to the schedule then he will be terminated.

Re: HR people/managers - Help - difficult employee

Re: HR people/managers - Help - difficult employee

First of all, do you have an HR dept?

If so, I don't think an employee has to "justify" to you his medical condition. I believe HR can request it but I am not sure you have ground to discuss his medical condition.

The reason why I am saying this is that I work in a corporate environment and one of our employee has had medical issues. She was then on FMLA. She does not have to say ANYTHING to our manager. She has dr's notes but all it says is that she is allowed to stay home due to her "medical condition". She deals with HR.

Then, start documenting all of his absences (emails, etc...)

Honestly, it's going to be hard if the company has another employee who does the same thing and the company is not doing anything against him. Your employee would have ground for discrimination as being "singled out".

Since most companies are "employment at will" you should have ground to fire him.

BUT the company has to be consistent with ALL employees, he must be warned several times, etc.. You will need a full file on him so you can justify your move if you have a lawsuit.

Message edited 5/23/2007 3:45:09 PM.

Re: HR people/managers - Help - difficult employee

does he get raises, bonuses? you can take those away if you haven't already. Also, youo could tell him you will demote him if he does not shape up, he might get frustrated and leave himself.

Re: HR people/managers - Help - difficult employee

Re: HR people/managers - Help - difficult employee

Write him up with a term clause and then the next time he is late fire him. Make sure the write up is air tight.... it is not impossible to fire someone you just have to document it and follow through. IMO his medical issues are not justifed for a modified work schedule so I would not ask him for a drs note. The issue is that he is late, dont care why he is just tell him he needs to be to work on time or he is going to loose his job.

Re: HR people/managers - Help - difficult employee

Message edited 5/24/2007 12:02:10 AM.

Re: HR people/managers - Help - difficult employee

I would be very careful about how much information you "require" from him medically - I think you are entering a murky legal area.

Take this opportunity to update your companies policies and procedures ASAP! Again, it's going to be very hard to fire him if you can't point to a specific rule that he is breaking. If he is getting his job done, and it is satisfactory, without a specific rule against latenesses, I'm not sure what you can argue.