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HR Director shared performance issues about employee

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  • HR Director shared performance issues about employee

    I'm looking for feedback on this issue. My HR Director (at a state government agency) recently contacted another manager, outside of my department, and asked her to "counsel" one of my staff to "get her back in line". She shared with that manager that my staff was having performance issues and was subject to disciplinary action if she did not change her behavior. Specifically, she called the staff "raggly" and indicated that she was having performance issues and because that manager referred her to a previous position she held in the company, then maybe she could correct her behavior. She did not notify me that she requested this intervention.

    The result of this intervention was that my staff, who does already have egregious performance issues and is on the verge of termination, left that meeting saying that the manager that counseled her told her that her supervisor (me) was going to HR to get her fired and that she was told to "keep her mouth shut". When I confronted the HR director about this, she lied to me about having knowledge of how the other manager would have known about the employee's performance issues. During a subsequent meeting the HR Director, my supervisor and her supervisor, the HR Director admitted that she asked for the other manager to counsel my staff, that her conversation with that manager was "confidential" thus why she denied having knowledge of it when I advised her of it. She added that she was not sorry for her behavior, she would not change who she was, she would engage in that behavior again and I was entitled to my feelings about it. She also did not acknowledge how the consequences of her intervention have caused issues for me supervising this employee.

    I've compiled a grievance on the situation alleging that she violated the following Standards of Conduct policies of our agency:

    1. "Demonstrate interpersonal communications, leadership strategies and personal conduct that fosters a respectful workplace culture and models the expectations established for employees;"
    2. "Ensure the confidentiality of employee performance and disciplinary actions and related documentation."

    I've also included that she violated this policy regarding personnel records disclosure:

    "Other personal information may not be disclosed to third parties without the written consent of the subject employee. This information includes, but may not be limited to:
    1. performance evaluations;"
    Initially, all I wanted was for the HR Director to apologize for acting in a way that caused significant issues for me as a manager with this staff person. Now that she has all but said she isn't sorry, thinks her actions were not problematic at all and plans to continue to engage in the behavior, I want to make sure my grievance rises to the level that it leaves our facility and goes to the State DHRM level so that they are aware of her behavior. I realize that I will never be privy to any personnel actions that the HR director receives. I really just want to be sure my grievance is worded in a way that her behavior isn't covered up and ignored.

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  • #2
    Can I just ask what country you are based in? From some of the terminology in your post I am assuming you are USA based. If I am sorry, we are a UK forum and I do not have any knowledge of employment law in the USA.

    If I have this wrong then please let me know.
    If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

    I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


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    Comment


    • #3
      Yes, I am in the US.

      Comment


      • #4
        Then unfortunately I am not able to advise you.
        If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

        I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

        I do my best to provide good practical advice, however I do so without liability.
        If you have any doubts then do please seek professional legal advice.


        You can’t always stop the waves but you can learn to surf.

        You are braver than you believe, smarter than you think and stronger than you seem.



        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Comment

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