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Formal Complaint? Massachusetts

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  • Formal Complaint? Massachusetts

    I have an employee who has filed an official complaint against another employee (he said she has been talking about him to her clients, it's all very silly). Is there anything I have to do beyond speaking to the employee who he is complaining about? He threw out the legally I am required to do such and such so just making sure.

  • #2
    Without knowing what was said it is hard to say if there is anything the law requires you to do. But you should "investigate" the claim and take any disciplinary action you feel you need to.

    This will probably entail talking to both employees. If one employee is bad mouthing another to a client it isn't a good thing and you need to take action to stop it from a purely business standpoint.

    Unless it is EEOC related I doubt there is any law on the issue.

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    • #3
      He said that she is telling clients that his feet smell. I can't make this stuff up!

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      • #4
        You are legally free to talk to anyone you want about this, or not talk to anyone about this.

        Re: best practice, you should investigate and depending on what you learn, apply discipline as appropriate. But legally, you are not required to do anything.

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        • #5
          That is not going to be protected in any way, so there's nothing you HAVE to do at all. Talk to both employees, and if she really is telling clients that his feet smell, tell her to stop it. Other than that, it's up to you how much you want to play kindergarten playground monitor.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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          • #6
            ignore that one -- I obviously read the complaint wrong LOL
            Last edited by hr for me; 02-17-2017, 05:20 AM.

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            • #7
              I would that the viewpoint that, if true, this is putting your client in an awkward position. I can't imagine a scenario where the topic of smelly feet would come up with a client.

              Do you have a standard of conduct you could remind the female employee about? On occasion I have gone with the speech of "I don't know if this is true but in case it is, remember xx policy forbids this behavior. So if you are doing it, stop".

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              • #8
                Originally posted by HRinMA View Post
                I would that the viewpoint that, if true, this is putting your client in an awkward position. I can't imagine a scenario where the topic of smelly feet would come up with a client.

                Do you have a standard of conduct you could remind the female employee about? On occasion I have gone with the speech of "I don't know if this is true but in case it is, remember xx policy forbids this behavior. So if you are doing it, stop".
                But remember OP, you don't need to have an actual policy in hand to tell the employee she shouldn't be speaking to clients this way. You can have 0 policies at your workplace and still tell her how not to talk to clients.

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