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Employment Today™


"WOULD YOU KEEP THIS "HIRE FROM HELL?""

Dear Kathryn:

I'm the manager of a well-respected consulting company and I think I just hung myself. I had an old colleague from a previous company I had worked with apply for a position here. As I knew him from before to be a great guy, I skipped running reference checks, vouched for him myself and urged my boss to hire him. He's been here for six months now and he's turned into the hire from hell.

First, another manager spotted him drunk in a nearby pub on three occasions, making a jerk of himself. Following those incidences, we began getting a lot of threatening creditors calling here, leaving messages on the hour. This was followed by nasty calls from the ex-wife screaming at the receptionist about back child-support and what a louse her ex is. The topper came today when a wage execution arrived via sheriff, the kind of visitor that the rest of the staff nosily inquires about.

Prior to the wage execution my boss said he wouldn't tolerate this irresponsible and morally corrupt individual in our employ and ordered me to prepare termination paperwork. Hoping that the situation would improve, I dragged my feet and didn't process the termination. Now that we've got a wage execution, I'm afraid a termination will put my company in a vulnerable position. I heard when an employee has a wage execution, we can't fire him!

When my boss finds out about this, he'll have my head. It was my recommendation we hire him; me that stalled the termination and my guess it will be my termination instead! What can we do here?

ROB W., Cromwell, CT

Dear Rob:

Not that a recent reference would have uncovered your hire's current behavior, but hopefully this experience teaches you when it comes to business, follow the format the same way you would with any hire.

As to your current dilemma, I consulted Attorney Brian Clemow to see if he agreed with me. Here's the legal expert's comment.

When an employees personal problems spill over into the workplace, an employer has grounds to terminate the employee. Given that these problems occurred repeatedly prior to the wage execution, your employer has those grounds and can terminate the employee. Is there a guarantee the employee won't claim his termination resulted from the wage execution? Possibly, but if your employer can provide documentation regarding the creditors calls and the disruption of the ex-wife's phone calls, he'll be in pretty good shape.

An employer who at all cares about the employee would give him an opportunity to rectify his problems before termination. It sounds as though your employer's seen enough of this bad movie and isn't interested in second chances.

As for yourself, stop sticking your nose out where it can get bitten off. Follow your boss's directives and start worrying about your own job.

Dear Kathryn:

My desk job has me handcuffed to my chair for eight hours daily. I've had hemorrhoid problems over the years and tried to deal with it, but finally saw my doctor. I'm on medication, but find I feel much better if I can spend a few hours on my feet. As I do a lot of phone work, I took to standing a few hours a day and felt relief. My pain in the neck coworkers said it's distracting to have me standing, peering over their cubicles and complained to my boss. He's ordered me to sit and deal with it.

This is a medical condition and I'm angry that my employer isn't sympathizing with my situation, accommodating my ailment. I feel if he forces me to sit, it's a workers compensation claim and I'll just have to stay at home and collect until my condition improves. Where are my rights here?

SARA T., Colchester, CT

Dear Sarah:

It's unfortunate that simple situations like this one can't be accommodated by a little flexibility and understanding by co-workers, but it's what workplace life's about these days-conflict.

In assuming the sworn-by doughnut seat doesn't work for you and standing for part of your work day is your next best solution, I thought we'd look into your options.

First, before trying the workers compensation claims routine, get a doctor's note indicating your discomfort and condition. Possibly by presenting your boss with the facts in writing he'll feel more comfortable in allowing you to stand as he'll have written proof of your condition. Should your boss still not grant your request to stand for part of the day, your only options are these-pursue a workers comp claim or get another job.

I consulted expert workers compensation attorney, Rich Bartlett of McGann, Bartlett & Brown and here's his take on the matter. A worker's compensation claim could be an option if your doctor were to render his opinion that your condition is being further aggravated because of your working conditions. The doctor's testimony is vital for you to have a winning claim.

The other issue remaining issue however, is whether your condition will return to the previous aggravated stage should you return to work and sit most of the day. I recommend getting your doctor's opinion of this. Should your preexisting condition always require a non-sitting job, don't waste your time and reputation pursuing a worker's comp claim.

While some folks may think the free workers comp income to be that of a mini vacation, potential future employers tend to find out about these things. If a temporary absence of sitting isn't the answer, look for work that will allow you to stand. Good luck.