Washington, MO asked in Employment Law for Missouri

Q: I am a supervisor an employee has made two harassment issues against me both coming out false. Can I do anything

An employee has filed two toxic work environment claims against me and after being investigated they came out in my favor. Any time I correct her on her job or have to take disciplinary action against her she files more paper work in HR. It’s making it to where I’m afraid to do my job as a boss. What action can I take against a toxic employee that doesn’t look like retaliation?

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1 Lawyer Answer
Robert Grant Pennell
Robert Grant Pennell
  • Manchester, MO
  • Licensed in Missouri

A: Nothing. Taking any action will look like retaliation on your part. Understand that anyone that keeps making unsubstantiated allegations will have little credibility. If it were me, I would ask for a sit down with a Manager in Human Resources. At the meeting, express concern about how best to handle this employee. Don’t express it as you did in your post here, but more along the lines “can HR offer any suggestions as to how best to handle discipline and conflict with the employee.” Explain that you are wanting to be fair to her but feel that you still have an obligation to do your job.

While you might get some useful suggestions, it is at least as likely that you won’t. Either way you have conveyed to the powers that be that you are genuinely interested in following company policy and treating this person fairly. Should she assert anything further, you will already be ahead of it by working with HR in advance.

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