Knowing these issues can help you reduce the amount of disgruntled employees in general while also making your workplace better overall. One of the biggest risks to any business is that a former employee either is or will become disgruntled and seek a way to lash out at the prior employer, either through threats, lawsuits, online defamation, false reports of discrimination or harassment, or false claims of illegal activity at the company. This means, though, that you need to quickly handle disgruntled employees before they spread their dissatisfaction throughout the ranks. Her termination would have likely taken place already if the proper documentation had been made, but in most situations like this, it hadn’t. The most evident example is the disgruntled employee who makes a false injury claim for extra money, but there are many types that range from small- to large-scale. Employee relations specialists who are specially trained to handle workplace complaints are competent at handling legitimate workplace claims filed with HR; however, handling a false claim can be even more challenging. The act of making a false accusation against another employee or employer is itself defamation. A worker, Jeanie, has established a pattern of poor performance and has been on her last written warning for a couple of months. "If your disgruntled employee has the company stalled while everyone tries to deal with their drama, then they are being empowered," they say. "Regardless of how the disgruntled employee behaves, it is important for you to always remain professional when handling the situation," reports American Express. Like we mentioned briefly before, if you cannot get the disgruntled employee to change their behavior, the last step is disciplinary action. Create a safer workplace. One disgruntled employee can be easier to manage than a bunch of disgruntled employees. "Some disgruntled employees may purposely set out to cause whatever harm they can to the company, from spreading rumors to stealing money and equipment.". Some are harsher. When an ex-employee is upset and making it known, it’s hard to know what to do without making it worse. When a problem employee files a complaint, the severity and complexity of the investigation automatically increases. A disgruntled employee who appeared to be a willing participant may later claim that behavior that was welcome was in fact unwelcome. The Perfect Storm: Disgruntled Former Employee Combined With the False Claims Act Schedule a Free Consultation Today . More and more, businesses that depend upon federal payments for goods and services – defense contractors, Medicare health care providers, those providing medical services to service personnel via Tricare, and … “In most cases, false accusations made by an employee to a professional board are an attempt at retaliation by the employee as a result of some adverse action taken by the employer,” Martinez noted. Remember that this is not usually personal, and that it needs to be handled in a professional manner, on behalf of the company.". Employees at will may be fired at any time, for any reason at all--so certainly they could be fired for falsely defaming or accusinig a supervisor. Always address disgruntled employees quickly to make sure their malaise doesn't spread to other members of your team. Employers who do not ensure that the references they provide are accurate risk facing costly negligence claims from disgruntled employees. Greg must receive counsel on how to handle the situation to mitigate even the appearance of retaliation against Jeanie. Make workplace safety a priority. Satisfied workers are less likely than disgruntled ones to commit fraud. Ask Britt: What Is the Impact of Social Media on the Workplace? Previously on the verge of being able to get rid of a problem employee who was holding his team back, he must now potentially prolong the situation. The short answer is yes, but the real question at the end of the day is should an employer sue a former employee for defamation. In some cases, sexual-harassment claims may be made to ward off terminations because employers are fearful of being accused of illegal retaliation if they take (warranted) disciplinary action after an employee has come forward with a sexual-harassment complaint. Avoid jumping to the conclusion that the employee’s case will be found to be fabricated, frivolous or vexatious. This answer is written to inform employees who have grievances against their managers as much as it is for the original asker of the question. This now puts Greg in the prime headspace for retaliatory action against Jeanie. If you’ve worked to change everything, and the employee is still unmotivated, dissatisfied, and disgruntled, it might be time to let them go. "Avoid yelling, swearing and stooping to their level. Call (800) 825-9260 - For more than 40 years, the experienced lawyers at Bellas & Wachowski Attorneys at Law have helped clients in Employment Litigation and Discrimination cases. The company often labels the employee who identifies the fraudulent behavior as a “disgruntled employee” and then retaliates by firing the employee. How Common is Workers’ Comp Fraud and What’s the Cost? When you follow up, make sure to keep it professional and private. By Nick Oberheiden May 2, 2016 Criminal Defense. Among the enumerated “materially adverse actions,” I omitted “filing a lawsuit against an employee who files an EEOC Charge of Discrimination.” But, that too could spawn a retaliation claim. Conduct a thorough background check on prospective employees to weed out those who have committed fraud in the past. Sometimes, all it takes is a chat with the employee to figure out how to solve the issue. If the former employee who has posted the statement is identifiable, the employer should send a "cease and desist" letter before bringing a claim. ), your employer can terminate you based on that accusation, whether or not it’s true. Sometimes, an employee may even be disgruntled because of something at home, which is almost completely out of the organization's control. Washington owner Daniel Snyder apparently has created an employee so disgruntled that, according to Snyder, she took cash to make up false stories about him. It became clear she was stalking the managers. Employees, employers, and even health care providers or legal professionals can take part in these scams. Her termination would have likely taken place already if the proper documentation had been made, but in most situations like this, it hadn’t. That is, an employee may accuse the employer of slander or the employer may find itself defamed by a disgruntled current or former employee. Going forward, Greg will always work with his HR team to properly document the performance of all employees, including internal conversations that aren’t necessarily shared with Jeanie. Again, SHRM has a list of issues that can come into play here. Yes, the performance of the employee who files a claim should have nothing to do with an investigation, but that is simply not how it works. Learn more right now. Thus, the Court of Appeal concluded that “an employer may discipline or terminate an employee for making false charges, even where the subject matter of … Her manager, Greg, has convened with counsel and it has been agreed upon that Jeanie will stay until her performance has improved or the proper documentation demonstrating progressive performance management is in order. His postings on social media were deemed to be a potential threat to the safety of staff and students which include a “countdown” which given the climate surrounding school violence inclined the district to take additional security measures. Remember that there are a bunch of reasons for an employee to become dissatisfied with their job. Although most people who file these claims are telling the truth, there is the chance that a disgruntled employee, or a former employee, may file a false claim against your business. 2. Suddenly you’re placed beneath a microscope as you work to prove your innocence. If you identify an issue, make sure to follow up on it in the shortest amount of time possible. Some of these items are even outside of your control, such as something happening at home for the employee. Attorneys recruit workers to submit fraudulent claims and then refer them to providers who diagnose false injuries. Furthermore, steps will be taken to mitigate the risk of these behaviors reoccurring. However, there are some situations where disgruntled employees can fester and start to erode your company's culture from the inside out. 7 Simple and Effective Ways to Brand Your Business Online. So, while many statements can be wounding, making sure you have credible evidence before making an accusation is essential. So, no matter how well you run your organization, you may come up against a disgruntled employee from time to time. If the allegations being issued by the disgruntled employee are patently and objectively false, you do have some legal remedies. 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