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Re: Noa, coral

Posted by coral on November 22, 2000, at 4:47:32

In reply to Re: Noa, coral, posted by Adam on November 21, 2000, at 21:51:29

Dear Adam,

>
> coral, I think you may be right, even if we are both wrong in our assessment of this particular person: This is no time to not use vigilance and to preempt any possible legal challenges. I think she is largely if not completely shielded from responsibility for his losing his job, since A) She's not his boss, and B) he himself resigned. Do you know, though, if a person can be said to have been "not of sound mind" when having made such a move, and thus able to reverse it regardless of the employer's intent? How can one stop such a ploy, if it could be attempted? How do they finesse his self-initiated termination without seeming like callous opportunists looking to jettison a troubled but righteous individual denied his due? As sick as it sounds, this (oh I am tempted to use some unpleasant epithets here) _person_ has some people in the organization convinced that The Management are a bunch of self-serving buffoons. His "gamesmanship", though not very adept, is to not have ever done anthing criminally wrong (as far as anyone can tell) up to this point, though he certainly has behaved in a deplorably unethical manner, as far as I'm concerned.

I'm not worried about your girlfriend being protected from any legal action against her (I can't see a cause . . .). What I am concerned about is that she help her employer by making her claims of not feeling safe known to the employer in front of counsel, which provides immense protection to the organization.

A company is under no obligation to keep an employee or take back an employee who has resigned and recanted, especially if that employee has caused other employees to be fearful. Frankly, all the employer has to do, if this employees says, "Hey, I didn't mean to quit," is say, "We've accepted your resignation."
>
> Shite. One can really imagine some serious doomsday scenerios here, and it seems like the really tough job is to react in the proper measure, discretely and decisively, so that those in the organization, who shouldn't be concerned with these sticky details, know little or nothing about any possible legal actions taken, and that nothing that could come back and bite you in the arse later isn't overlooked.

You're absolutely right. That's why I said get Thee to Counsel, as in the organization's attorney, now!
>
> And last, but not least, as thoroughly unsympathetic as I feel toward this person, how do you make sure he doesn't end up in some irredeemable predicament? I think Noa had it right with sympathetic gestures made in a non-work-related capacity, but what?

I admire Noa's compassion, but anything the organization does can be used against it, in our litigious society. The "beauty", if you can call it that, in workplace violence, is that appropriate intervention has an excellent record of success, in keeping people safe, in helping people turn their lives around. The WORST thing that can be done is to ignore it and allow the dangerous situation to continue.

It's crucial to know that during separation, via termination or resignation, is when the risk is the greatest and your girlfriend's organization needs professionals to assist them in handling this situation for all concerned. There are VERY specific steps to be taken under the guidance of a workplace violence specialist.

Good luck and let us know what happens....

Coral


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