Liability when the boss doesn’t do anything

August 3, 2007 · Filed Under For the love of HR 

Here’s one from the mailbag:

I am a supervisor in a manufacturing plant. There is an hourly employee who drives a forklift. He was caught sleeping on the job (not by me) and was suspended.

Upon returning to work, his first night back 2 hourly employees saw him sleeping on the forklift. The 2nd night back 4 hourly employees say they caught him sleeping. I spoke to the employee who did not admit to sleeping, but did admit he was tired. I brought this situation to HR and upper management. HR and other upper management had a meeting (I have not been informed what was discussed), but this employee is back working on the job. In the future if he hurts or actually kills someone, could I as the supervisor be held liable at all?

Good question, probably more of a legal one than an HR one but I will try to answer as best as possible.

I can’t say, for sure, that you wouldn’t be held liable for what happen. What I will say is that you have gone through the right steps to reduce your liability as best you can. And that is part of what HR is about: risk mitigation. You have alerted the company’s upper management and HR department and they have taken action that you (probably) can’t reverse. What I would recommend is that you continue being diligent in your duties, continue reporting instances to your superiors and continue to do what you can, within your duties, to protect all of your employees.

Why is this guy on the job some may ask? There are a few reasons actually. Some companies might not take action based on non-supervisor reports. This is also a manufacturing plant so it might be unionized which offers greater protection for workers. It could also be a recruitment issue (if this person is working a swing or graveyard in a critical role, it could be tough to replace). Ultimately though, it would be difficult for me to understand not firing a person who sleeps on the job multiple times.

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Comments

5 Responses to “Liability when the boss doesn’t do anything”

  1. Don DeVan on August 4th, 2007 3:30 pm

    Part of the responsiblity for being a supervisor is the duty to hire and fire. The way this supervisor passes the buck is pathetic but unfortunately more and more common. If he does not have the stomach to take the appropriate disciplinary action he should not be in a supervisory position. Sounds like he is more interested in running for office than running a business. This case is a slam dunk. Terminate the employee - after all he was just suspended for the same offense! (and did not, presumably, claim he had sleeping sickness while going through the suspension process) Get written statements from the employees who witnessed his repeat violations. Offer him the opportunity to submit his defense in writing - which will contradict the statements of his fellow employees. This guy won’t even be able to quality for unemployment benefits and you can replace his by demoting this spineless supervisor. PS - as far as unions offering greater protection, the fact that they would “protect” someone like this is why so many union plants have closed.

    [Reply]

  2. Your HR Guy on August 5th, 2007 8:23 pm

    Don, it may not be that simple. Plenty of organizations have structure set up where a line supervisor (which this is the case) doesn’t have the final authority to hire OR fire. That’s the reality of litigation in the employment sector. Throwing that in the mix does make it more complicated than simply firing the person. It isn’t a matter of cajones and I think it is silly to jump to that conclusion so quickly.

    As far as unions are concerned, I don’t disagree but that DOES come in to play in manufacturing environment.

    [Reply]

  3. Don DeVan on August 7th, 2007 8:33 am

    Please! The employee had just been returned from a DLO for the same offense which either was not contested or upheld in whatever problem solving procedure in existance at that place of employment, union or unionfree. I do not jump to silly conclusions, I do my homework - successfully for 40 years. Written statements by employee peers are very powerful. Listen and learn.

    [Reply]

  4. the supervisor in question on August 10th, 2007 9:46 pm

    Don,
    I understand this is not a forum for lashing out at people but since I am the supervisor who inquired I must respond to your irrational thoughts. This is not a union plant, this company makes a net profit of 5.2 million per quarter. Is considered the largest supplier world wide for a product I will not name because it would be easy to figure out the companys’ name at that point.
    When the Plant Manager, Production Manager and HR Manager OVER RIDE MY DECESION TO TERMINATE I am bewildered how I can be considered spineless. My first instinct was and still is to terminate this guy. I as a supervisor do not have the authority to over ride my Managers, never mind his Managers decesion. For you to say I should be demoted and place the blame on me….that is passing the buck as you say. The hourly employees who saw the guy sleeping were all pulled into the HR office with me and a written statement was made.
    My question was not about if I should terminate or not terminate or take action against said employee. I did that. My actions were denied by three Managers above me.
    I guess I should have put my question in different words.

    Thank you for you input HR guy.

    [Reply]

  5. Sue on August 12th, 2007 6:16 pm

    I will agree with the supervisor who asked this in the first place - while he isnt a union plant I worked for a company that did have the UAW in place. I was in the office by the way. I saw so much garbage that the union workers got away with and the union representation backed them on that I was sickened. Just one example - an employee had been discharged for missing work all the time and being seen drunk in bars during times he was supposed to be at work and had called in sick. He fought his discharge and WON - he came back to work with a years pay being given back to him and all his raises in place that he would have gotten if he had not been dismissed earlier the year before - yes one whole year he was gone. But I was aware that the judge told him in no uncertain terms that he didnt want to give him his job back but he had to bu union laws and that if he showed up in his courtroom again he was DONE! The day he came back to work he came to my desk and verbally abused me with words I cant put here - he had been granted a cash advance for part of his pay and in my capacity at the time I was to give it to him. When I told him he needed paperwork of some kind and signatures - he had actually just walked up and said give me the money B**** - with no paperwork and then started swearing when I told him he needed paperwork. So I called HR and they came up with the paperwork to appease this idiot. The signed document stated that as soon as he received his settlement check from the company he had to pay back the 1500 advance - that day came and went and when his line supervisor was notficied by me to ask him about it the line supervisor called me and told me that the guy went off on him and told him that the C*** in the cashiers office (meaning me) wasnt getting a F***** dime. And laughed as he walked away. The company was pretty much powerless to do anything about it. 2 weeks after he came back to work he called in sick once again and that ntie at 11 (he worked second shift) the supervisors on 2nd shift went to a local bar after work and there the guy sat - drunk as a hoot owl and it was told that he had been there since noon that day. One of the supervisors walked up and tapped him on the shoulder and said you are outta here and this time we will make it stick and they did. I finally got the companies money back and the guy ended up doing a 10 year prison term for possession with intent to sell -

    So that is just one great example of the supervisor being powerless and HR and in some cases - the courts - being the driving forces.

    [Reply]

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