Stressed out Employee = Stressed out Manager

[sd_vp]

I was hired on at a company on December 12, 2014 (in San Diego). My supervisor, the director of the department went out on stress leave (disability) on December 7, 2014. I worked in the department, and was responsible for her duties, while she was out. She returned 4 months later (April 7) for 5 days, requesting a payout package for "stress caused by the job". She then went back out on leave for another 2 months. She has subsequently returned (June 25), but m company "promoted" me to the VP of the department for me to oversee her (she remained the director.) She is also now 12 weeks pregnant. She is on a performance plan that I, as her supervisor, am being asked to over, document and monitor. She was out last week for 3 days, and I had to give her a verbal warning for a no call, no show on the third day.

I have 3 questions:
1. I am concerned that if anything should happen to her, say she miscarries, due to "stress", what is my liability as I am now her supervisor and she can blame me for her "stress". Can I be held individually liable? (I know anyone can sue for anything).

2. HR has scheduled a meeting with me to discuss a "workplace incident" where she claimed (in April) that I yelled at her; but in fact she was the one that yelled at me and then followed me into my office. I documented the incident and brought it to my supervisor immediately. We met about it prior to her last LOA, but now it is an issue again.

3. Her workload, as directed by the COO, consists of only 1 item, and am still doing all the director duties, and my new VP duties. At what point can I say I will not continue to provide information and files that I have already given to her and that she should just do the job and the one task that she is currently assigned to do. I am spending 50% of my day meeting with her and then documenting the meetings and having to work 20 + extra hours a week to keep up with the work.

She has an attorney that has met with our company attorney on multiple occasions, but the particulars have not been shared with me. I feel like I should protect myself and my job and get an attorney, before I am used as a scapegoat or worse.

Thanks, in advance, for any advice.

 

[cbg]

1. I am concerned that if anything should happen to her, say she miscarries, due to "stress", what is my liability as I am now her supervisor and she can blame me for her "stress". Can I be held individually liable? (I know anyone can sue for anything). No. Not successfully. Not without medical documentation that I very much doubt any doctor would provide.

2. HR has scheduled a meeting with me to discuss a "workplace incident" where she claimed (in April) that I yelled at her; but in fact she was the one that yelled at me and then followed me into my office. I documented the incident and brought it to my supervisor immediately. We met about it prior to her last LOA, but now it is an issue again. This is not a question.

3. Her workload, as directed by the COO, consists of only 1 item, and am still doing all the director duties, and my new VP duties. At what point can I say I will not continue to provide information and files that I have already given to her and that she should just do the job and the one task that she is currently assigned to do. I am spending 50% of my day meeting with her and then documenting the meetings and having to work 20 + extra hours a week to keep up with the work. At the point when you no longer care if you are fired or not.

 

[HC1432]

I was hired on at a company on December 12, 2014 (in San Diego). My supervisor, the director of the department went out on stress leave (disability) on December 7, 2014. I worked in the department, and was responsible for her duties, while she was out. She returned 4 months later (April 7) for 5 days, requesting a payout package for "stress caused by the job". She then went back out on leave for another 2 months. She has subsequently returned (June 25), but m company "promoted" me to the VP of the department for me to oversee her (she remained the director.) She is also now 12 weeks pregnant. She is on a performance plan that I, as her supervisor, am being asked to over, document and monitor. She was out last week for 3 days, and I had to give her a verbal warning for a no call, no show on the third day.

I have 3 questions:
1. I am concerned that if anything should happen to her, say she miscarries, due to "stress", what is my liability as I am now her supervisor and she can blame me for her "stress". Can I be held individually liable? (I know anyone can sue for anything).

2. HR has scheduled a meeting with me to discuss a "workplace incident" where she claimed (in April) that I yelled at her; but in fact she was the one that yelled at me and then followed me into my office. I documented the incident and brought it to my supervisor immediately. We met about it prior to her last LOA, but now it is an issue again.

3. Her workload, as directed by the COO, consists of only 1 item, and am still doing all the director duties, and my new VP duties. At what point can I say I will not continue to provide information and files that I have already given to her and that she should just do the job and the one task that she is currently assigned to do. I am spending 50% of my day meeting with her and then documenting the meetings and having to work 20 + extra hours a week to keep up with the work.

She has an attorney that has met with our company attorney on multiple occasions, but the particulars have not been shared with me. I feel like I should protect myself and my job and get an attorney, before I am used as a scapegoat or worse.

Thanks, in advance, for any advice.

If your time frame for the time away from work is correct, I assume she has exhausted any FMLA that she may have been eligible for (12 weeks in any preceding 12 months). With that said you might have a couple of potential ADA issues brewing here (although not for certain by any means). What is causing the stress, according to her claims? What has she claimed her medical condition is?

Because the performance concerns and attendance issues coincide with a pregnancy and supposed mental health concerns, it is important to proceed with caution when discussing performance goals or going so far as to take an adverse action against her (discipline, termination, etc.). Consult with your HR reps anytime you consider going down this route. Even if it is not your intent, an inadvertent comment or poorly worded document can be a problem in a disability or pregnancy discrimination claim.

With that said there are no laws that protect an employee from performing the essential duties of their job. If she is neglecting duties or simply unable to perform them due to the absences and you (and your HR dept) are confident that you are experiencing an undue hardship because of her inability to perform essential functions of the job, you are not required to accommodate further absence or other accommodations. This can be difficult to prove and does require that you engage in an interactive dialog with the employee before making a determination on potential accommodations or an inability to provide them. Has she requested accommodations besides taking time off? Has she provided documentation from a qualified medical provider stating that the time off or other accommodations were necessary? This is a necessary request if you are going to continue to accommodate by providing time off or other modifications to her work.

And regarding your personal liability with anything that may happen during the pregnancy, as cbg pointed out it would be nearly impossible for her to prove you were directly responsible for any medical condition. Even if she did get some doctor to say as much (highly unlikely), unless you engage in violence or severe abuse/harassment no court or agency is going to agree that you were directly responsible. Just make sure you document your conversations with her regarding her performance and absenteeism, etc. and anytime the conversation could be sensitive make sure you involve HR whenever practical.

Good Luck.