The Halloween Edition: Spooky, Strange, and Scary Tales of Employment Matters

Posted on October 30, 2012 in Consulting

 Strange Decisions, Bad Consequences

 Many years ago a client company called with a very strange situation. A new hire reported to work, but the hiring supervisor suspected that the new hire was not the person he had interviewed.   The interviewed candidate was Asian, as was the person who came to work that first day. The supervisor felt that he might be guilty of discrimination falling prey to that terrible (and not true) discriminatory bias that “all Asians look alike.” The supervisor and the company did not want to jump to any conclusions.

 The company spent a few hours trying to determine what was had happened. Finally, convinced that some strange switch had been played, the supervisor sat the new hire down and said, “You are not the person I hired, are you?” The “new hire” confessed; he was not the same person.

 The person who interviewed and the person who showed for work were roommates. The person who wanted the job – and showed for work – admitted that he thought his accent would impact his ability to get the job. He asked his roommate to interview for him using the “real candidate’s” resume. The company let the employee go telling him that they could not look past the deception and expressed how sorry they were since his credentials made him otherwise perfect for the job.

 This true story speaks to why deception never succeeds and also reflects on the sad impact that racial bigotry can have on persons who perceive themselves as potential victims of discrimination. My client and the candidate both missed out on a positive opportunity because of misconceptions about discrimination in the workplace.

 Sometimes Termination is Kind

An employer should never try to force an employee to quit. Be honest; terminate the person if the employment relationship is failing.

This lesson is demonstrated in a case called, Wilson v. Monarch Paper Co., 939 F.2d 1138 (5th Cir. 1991). Monarch Paper Company assigned Wilson, a college-educated executive with 30 years experience, to janitorial duties in a warehouse.   The outrageous treatment triggered severe emotional distress that lead to involuntary hospitalization. Wilson’s depression was so bad that he was in a padded cell under heavy sedation for a period of time.

The U.S. Court of Appeals for the Fifth Circuit explained pointedly: “Monarch, unwilling to fire Wilson outright, intentionally and systematically set out to humiliate him in the hopes that he would quit.”  The Court further stated the irony, that is, if Monarch had chosen only to fire Wilson outright it would not have been held liable for intentional infliction of emotional distress. Monarch’s horrific behavior, however, lead to a judgment (affirmed by the Fifth Circuit) in Wilson’s favor of $3.4 million.

That much money should spook any employer from going overboard in trying to make a worker quit.

A Sad Scary Tale

A long time ago a client company called with a difficult situation. A woman quit unexpectedly without explanation. The company shortly thereafter heard a rumor that the employee quit because she had been sexually assaulted by a co-worker after he allegedly drugged her on a date.

The woman never reported the incident to the company and did not ask for anything from the company. Still, the company felt obligated to investigate and take appropriate action.

The company interviewed the accused co-worker whose explanation seemed troubling.   A female manager met with the woman and asked that she explain what happened so that the company could take appropriate action. The woman agreed and shared her account of the event.

The company fired the man and offered the woman her job back. The woman had, however, already found other employment. The company decided to provide the woman with severance pay for the time she was out of work without any request for a release. The woman appreciated the company’s efforts and actions. She never made any claim against the company.

This sad and scary tale teaches that an employer should strongly consider proactive steps when confronted with difficult situations.   The courage to act can often avoid litigation.

I hope you enjoyed this newsletter and will share it with others who might find it useful. Happy Halloween.