Difficult Employee...What do I do?

elkpark · Feb 1, 2008

Have you talked to your HR and legal departments about your options?

michael79 · Feb 1, 2008

HR is hesitant to let me fire her because she is under worker's comp. They are afraid she will file for unemployment and/or re-injure and have yet another claim against us. They advised me to cut her hours down to nothing and force her to quit. I think this is a poor technique to use and I would guess that she would re-injure if I did that just to recoup some lost wages. I really feel like there is no way out of this horrible situation. She owns us and she knows it. HELP!

llg, PhD, RN · Feb 1, 2008

I think you cut her hours down as low as you feel you can and then "take her when you can get her" without counting on getting any more hours of work from her. Then, stop agonizing over it. Pretend she is not really a part of your regular staff -- but just a trained worker who comes in occasionally to add to your staff.

You might want to try canceling her set schedule while complying with her "no 2 days in a row" need. For example, tell her that she might be scheduled for either a Tuesday or Wednesday or Thursday, but that you would never schedule her 2 days in a row. I doubt her disability paperwork says that her scheduled day must be a Wednesday. That would give you some flexibility to help your schedule and give her a little less power in your relationship. It would help you regain some control.

As for scheduling other activities on days she knows she will have off ... well ... that's every employee's right and you simply have to get over that. We are all free to schedule other activities on our days off. Don't waste your energy focusing on something that is a basic right. Instead, focus on the real source of your anger -- that this employee is taking advantage of the situation. Focus on regaining some control by not guaranteeing her a set schedule so that you can better staff your unit. Then let her decide if it is a job she still wants.

Good luck!

JJGRN · Feb 7, 2008

Unless she has a contract, there is nothing that says you have to continue with her "set schedule." You should speak with her and explain that you need her to be more flexible with the schedule, and that due to your staffing needs, you cannot accommodate a set schedule for anyone. I like llg's suggestion for scheduling, which will allow you more flexibility and give you back the control over the schedule.

Batman24 · Feb 14, 2008

I bet your worker's comp division/lawyer would like to know about her art classes and needing to practice her art. If you haven't made that call I would do so immediately. They can advise you exactly of the agreement as far as how many hours a day she can work, how many days in a row, etc. If there is no contract for a set schedule then see if they will let you schedule her as needed keeping within the 60/month guideline.

She's dictating things she shouldn't be allowed to. I guess they fear another lawsuit. It would be best if she just quit and not keeping her schedule might be one way to do it. Maybe every other weekend would do the trick if that is what most nurses there work.

litbitblack, ASN, RN · Feb 27, 2008

I'm not in management but what I have heard said in the past is that you are scheduling for the employee and what the unit needs so you would try to do that to the best of your ability but ultimately everyone cannot be accomadated so she would have to do her part to be more flexible since she is only allowed so many hours a month she needs to be more flexible because you cannot place her at a time when the floor is covered otherwise. Its not right to the other employees who work what they are supposed to. If she can only work 60 hours a month they need to be hours that can help the unit also not just her.

UM Review RN, ASN, RN · Feb 27, 2008

Does she pull her own weight while at work?

She sounds like the kind of employee that I would not care to work with. Workers with injuries get a tad old after you have to continually do half their job and your own.

caliotter3 · Feb 28, 2008

A new DON got rid of the DSD one time by incrementally decreasing her hours until the nurse was forced to quit. She commuted about 50 miles one way to the workplace. I work in home health. When the agency doesn't want you around, they don't call you for cases. That is effectively a schedule with zero hours. I would very much suggest this method of getting rid of her. And if you think this is bad, how do you think an organization can be that has a Director that comes to work no earlier than 10 in the morning and is consistently gone by 1 in the afternoon? When not "working" her reduced hours, she leaves for family matters on a regular basis. Another disability case, who should not be in nursing, even a desk job. When this person is around, you don't get any response from them that looks like they are engaged in that activity called "work".

Art class. How splendid.

SarahK73 · Mar 5, 2008

UGGH!! I hate workers comp situations, there is nothing stickier. You should absolutely get your HR involved, she should have a work comp caseworker that you can be in contact with. I would set up a meeting with your HR so you know exactly what the policies are and so you stay within the rules. Unless you have a work restriction that states those specific requests are required to meet her disability, you do not have any policies allowing set schedules and you are not allowing other staff to use set scheduling.. You should be able to give her fair notice of what the policies are for the schedule and let her know that you will not be able to accomdate her "requests". You allow her to decide if she is wanting to stay and continue working with the schedule as you post it or you will not be able to meet her needs. The kicker is though that is she is disabled due to a injury occuring at work you facility will have to pay for her one way or another, so some facilities may choose to keep them on in atleast some capacity. If you are not able to meet her needs maybe there would be a different department that would be able to accomdate her.

Good Luck!

bollweevil · Apr 2, 2008

I think it's interesting that here is the only manager I have ever heard say she feels the employee has the upper hand.

I am not fully clear on why you think she is a pain in the neck, other than that she won't do what you ask. She is injured and "in therapy", I guess. Foolish of her to mention the art classes. But why get mad at someone who is on medical leave.

Anyway, HR and Legal should be able to help you force her to get seen by your company doctor, who would probably be delighted to release her to RTW full duty much sooner than would her PMD.

If you really want to get rid of what I presume is a good worker, just not a real malleable one, do what HR says. It's their job to know. And steel your heart, lower the boom, and keep on going. Tough duties - that's what being the boss is like.

bollweevil · Apr 2, 2008

I just read your post again. I think it is time to tell her that the set schedule doesn't work - although I'm not sure it doesn't. It sounds like some jealousy is in play here, too, not just being irked with her set schedule. Most places I have worked have hat set schedules, though, to tell you the truth.

why not analyze what is really bothering you about her? Then you'll know what to do about her.

And when will her cases be settled?