i have an employee who has worked for me at a state university for 20
years that had "breakdown" in April 02.  I have not been totally
professional about the situation because we have worked together for
many years.  I supported her with I thought reasonable boundaries
allowing her a month of under the condition that when she returned, 
she would not leave our dept. day to day wondering if,when how much
she could work.  It was a self-fulfilling prophesy.  She is erratic,
edgy, somewhat medicated and defensive.  Our whole dept is getting
sick (codependent?) with her.  If it were substance abuse we
could/would send her to treatment.  This is so undefined.  She has
confided in me that she is a lesbian, lives with her lover and a
fundamentalist christian therefore sex is forbidden.  She will not
take her sick time,  she has taken advantage of our friendship to the
max my hands are tied because of a state-run school-buracracy.  she is
in such denial and self-centered fear that she has lost touch with
reality therefore no reasoning with her.  i have spoken with the
approriate depts. for advice and what action-legal or otherwise-is
acceptable.  The ball is still in my court.  Ifeel so powerless and
this is setting a terrible example.  It is like having a disfunctional
family within a very successful dept, terrific university.  What can I
do?  She is reflecting her illness on an otherwise super staff.

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Request for Question Clarification by filian-ga on 07 Sep 2002 11:32 PDT

Hi!

I'm sorry to hear you're going through this situation. I wanted to ask
about what you said here:

"my hands are tied because of a state-run school-buracracy."

Do you have the power to fire this woman? What recourse do you have as
defined by your current position? Are you her supervisor or manager?
Do you want to fire her, or are you looking for an alternative to that
measure?

I look forward to helping you!

Filian

---

Clarification of Question by lantana-ga on 07 Sep 2002 18:38 PDT

Yes, I am her supervisor and the bottom line is I could reccomend that
she be terminated.  Because her illness is so vague (I also believe
she is overmedicated) and unpredictable, there is little concrete
evidence of what she is up to.  This is a photography department with
lots of flexibility and freedom to create as long as the job gets
done.  Her scam has worked for her and it has slowly undermined our
dept.  Everyone is preoccupied with it.  I have a paper trail of sorts
but even that is scetchy.  How can Ichange my bottom line,approach. 
What can I give myself permission to do since I am informed there are
potential legal consequences.  She would retaliate like a woman
scorned. One bad apple....

---

Request for Question Clarification by alienintelligence-ga on 08 Sep 2002 01:15 PDT

Hi lantana...

I really had to think about this one.
I think this is a complicated issue that
has to be resolved in two parts.

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One, we must establish if, by the terms of
the Americans with Disabilities Act (ADA),
she is disabled.


"Who is Protected under the Americans with Disabilities Act (ADA) ?"
from The Law Guru based on Federal and California Law
[ http://www.lawguru.com/faq/5.2.html ]
"One must meet the Americans with Disabilities Act (ADA) 
requirements of a "qualified individual with a disability, 
who can, without reasonable accommodations, perform the 
'essential functions" of a job'."

"There are three different groups of individuals who are 
protected under the Act: (1) a "qualified individual" 
with a physical or mental impairment that "substantially 
limits a major life activity"; (2) a person who has a 
"record of" disability; or (3) a person who is "regarded 
as" having a disability"

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Who is not covered under the ADA?
[ http://www.lawguru.com/faq/5.10.html ]
"People with the following conditions are not protected 
by the ADA: kleptomania, homosexuality or bisexuality, 
current use of illegal drugs, compulsive gambling, 
sexual behavior disorders, and disorders caused by the 
current illegal use of drugs "

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If you check this page, you can see some of the points
made about discrimination and disabilities.
[ http://www.eeoc.gov/facts/qanda.html ]
"-Title I and Title V of the Americans with Disabilities Act of 1990
(ADA), which prohibit employment discrimination against qualified
individuals with disabilities in the private sector, and in state and
local governments; "
"-Sections 501 and 505 of the Rehabilitation Act of 1973, which
prohibit discrimination against qualified individuals with
disabilities who work in the federal government; and "
"-the Civil Rights Act of 1991, which, among other things, provides
monetary damages in cases of intentional employment discrimination. "

"Discriminatory Practices"

"II. What Discriminatory Practices Are Prohibited by These Laws?
Under Title VII, the ADA, and the ADEA, it is illegal to discriminate
in any aspect of employment, including:"
"
hiring and firing; 
compensation, assignment, or classification of employees; 
transfer, promotion, layoff, or recall; 
job advertisements; 
recruitment; 
testing; 
use of company facilities; 
training and apprenticeship programs; 
fringe benefits; 
pay, retirement plans, and disability leave; or 
other terms and conditions of employment. 
"

"Titles I and V of the Americans with Disabilities Act
The ADA prohibits discrimination on the basis of disability in
all employment practices. It is necessary to understand several
important ADA definitions to know who is protected by the law
and what constitutes illegal discrimination:"

"Individual with a Disability"

"An individual with a disability under the ADA is a person who
has a physical or mental impairment that substantially limits
one or more major life activities, has a record of such an
impairment, or is regarded as having such an impairment. Major
life activities are activities that an average person can
perform with little or no difficulty such as walking, breathing,
seeing, hearing, speaking, learning, and working."

"Qualified Individual with a Disability"

"A qualified employee or applicant with a disability is someone
who satisfies skill, experience, education, and other
job-related requirements of the position held or desired, and
who, with or without reasonable accommodation, can perform the
essential functions of that position."

"Reasonable Accommodation"

"Reasonable accommodation may include, but is not limited to,
making existing facilities used by employees readily accessible
to and usable by persons with disabilities; job restructuring;
modification of work schedules; providing additional unpaid
leave; reassignment to a vacant position; acquiring or modifying
equipment or devices; adjusting or modifying examinations,
training materials, or policies; and providing qualified readers
or interpreters. Reasonable accommodation may be necessary to
apply for a job, to perform job functions, or to enjoy the
benefits and privileges of employment that are enjoyed by people
without disabilities. An employer is not required to lower
production standards to make an accommodation. An employer
generally is not obligated to provide personal use items such as
eyeglasses or hearing aids."

"Undue Hardship"

"An employer is required to make a reasonable accommodation to a
qualified individual with a disability unless doing so would
impose an undue hardship on the operation of the employer's
business. Undue hardship means an action that requires
significant difficulty or expense when considered in relation to
factors such as a business' size, financial resources, and the
nature and structure of its operation."

"Prohibited Inquiries and Examinations"

"Before making an offer of employment, an employer may not ask
job applicants about the existence, nature, or severity of a
disability. Applicants may be asked about their ability to
perform job functions. A job offer may be conditioned on the
results of a medical examination, but only if the examination is
required for all entering employees in the same job category.
Medical examinations of employees must be job-related and
consistent with business necessity."

"Drug and Alcohol Use"

"Employees and applicants currently engaging in the illegal use
of drugs are not protected by the ADA when an employer acts on
the basis of such use. Tests for illegal use of drugs are not
considered medical examinations and, therefore, are not subject
to the ADA's restrictions on medical examinations. Employers may
hold individuals who are illegally using drugs and individuals
with alcoholism to the same standards of performance as other
employees."

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Since it is your work environment this will have to
be handled and judged there.

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Secondly I guess we need to know what YOU want to do
about the situation. Don't feel the need to give us 
just one answer, you can provide us with scenarios 
if you like. 

You could say things like, If she just _____ then I'd
be happy to ______. etc.


It'll probably help to talk that part out anyway.


thanks
-AI

---

Clarification of Question by lantana-ga on 08 Sep 2002 08:34 PDT

Thanks AI.  This is beginning to sound like "dear abby".  If she would
meet the minimum responsibilities required by our dept.-shoots around
campus,town,the daily grind,paperwork and accountability,clock in and
out honestly, be courteous,consitent and dependable, then the rest of
the dept. could/would operate in a functional manner.  That is the
least I expect of any employee.  Because of her last minute crisis and
cancellations, there is constant chaos.  everyone's schedule gets
crammed, and comprimised.  She has successfully manipulated the whole
staff into revolving around her(just like my 6 year old)  I failed to
mention that I have yet to see anything in writing from an M.D.('s). 
Monday I will insist and request what her doctors reccomend-in
writing- is in her best interest.  We have been operating on good
faith far too long.  She claims to have anxiety attacks on her way to
work, last minute dr. appts., all of which give her wiggle room to get
out of almost anything.    Even if she meets this basic level of
employment, she will be disgruntled with her job I believe.  We are a
fast moving, cutting edge dept.  The technology takes our breath away
and improves constantly.  My students have been a lifesaver in these
last minute rescheduling do to...  They also bring to the table so
much energy, creativity and knowledge.  There is one I would hire
yesterday if we had the $ and her(mentally unstable employee)position
available.  She resents these students but realizes they are covering
her ass so she deals with it for selfish reasons(my opinion)  AI, you
have given me some concrete info with your research and I now feel I
have a leg to stand on tommorrow when I give her my bottom lines
AGAIN.  Anything else you have to offer would be terrific.  Thanks,
lan

---

Request for Question Clarification by sublime1-ga on 19 Sep 2002 22:14 PDT

lantana...

I was just wondering if you were satisfied with the 
information you've received, and if you wanted to
allow one of the contributors here to post a formal
answer and finalize this question. Or perhaps you 
need further input?

lantana...

Re: "Qualified Individual with a Disability" in AI's
clarification...It would be very valuable for you to
be able to ascertain whether this employee has ever
been formally diagnosed with a mental illness. If she
is having panic attacks which are not related to 
substance abuse, it is likely that she has an imbalance
in her brain chemistry which would be diagnosed as a
mental illness and require the use of psychotropic
medications. If she has been going to DRs, they may
be prescribing tranquilizers or antidepressants without
having referred her for a psychiatric workup, in which
case she may not be formally diagnosed. Or, she may have
been referred and formally diagnosed. It is also possible
that she was diagnosed many years previously, and has
been lately abandoning a medication regimen which worked
for her in the past.

If she is formally diagnosed, or has been in the past,
then she qualifies as an "Individual with a Disability",
and acting in her best interests might include encouraging
counseling through the Employee Assistance Program. I'm
not sure if you could make her continued employment
contingent on counseling, but that would be ideal.

Back to the panic attacks - if they are not symptomatic
of a chemical imbalance due to a psychiatric disorder,
then they are commonly symptomatic of substance abuse,
and you have every right to test her. Have you done so?
You might lay this out to her, noting your concerns, and
that, unless she can show evidence of a current or prior
diagnosis of a psychiatric disorder which would account
for the panic attacks, then you will want to proceed with
drug testing. If she then acknowledges the diagnosis, you
will know what you are dealing with, and can ask if she
is receiving psychiatric care and medications, and if she
is taking the meds as prescribed. If she denies having 
been diagnosed, you have good reason to follow through 
with drug tests, and to recommend psychiatric evaluation
through the Employee Assistance Program.

sublime1-ga

Dear lantana,

Some things that may help on your part:

- I would suggest extemely good documentation.

- Work out a system of actions, warnings and consequences with your
supervisor and Human Resources department. You should not have to do
this alone. Also the course of action is dictated by your job function
rather your personal feelings.

- A meeting with your employee, your supervisor or HR advisor and
possibly a counsellor/friend for your employee. Use the meeting to
outline a system of warnings and consequences.

- Act on the system.

I have seen this work. The employee was very aware that they were not
performing and recognised the consequences. Unfortunately, they were
terminated, but bore no personal grudge.

Regards,

Check department attendance policy - most places have a 3 no call-no
show days, and you're out.  Sounds like she'd hit that in about 4
days.

Seriously, tho, find the HR policy manual.  Generally, attendance is
the easiest to document and the easiest to terminate for.

Opinion: This ill person is not helped by continued "codependence" --
as difficult as the reckoning may be, she will not improve unless she
is made to face the (reasonable and appropriate) consequences of her
behavior (ie, she'll keep thinking she can get away with her behavior
as long as she keeps getting away with her behavior). This is not to
say that she is faking; but she obviously is not fit for her job
because of a personality disorder. She won't get any better unless she
faces it.

The model used in Irish employment law (which is probably not that
dissimilar to yours) might be the one to take. Firstly, this states
that disability can be grounds for discrimination on hiring or for
firing, if that disability will materially affect the person's ability
to carry out his/her duties. Secondly, the procedure prior to firing
is as follows : A formal verbal warning should be given. In giving
this warning, it should be done in the presence of a witness, and it
should clearly state the reason for why you do not believe that the
person is not carrying out their job in a satisfactory manner. It
should give suggestions as to how the situation can be rectified and a
state a reasonable period in which they have to fix the problem.

Remember at all times, that it is not your responsiblity to help her
cure her illness - that is her's - and that you are only interested in
the detrimental effect it has on the running of your department. In
this way, you are distancing yourself from the accusation that you are
singling her out due to her illness. Your concern is in the effect,
not the cause.

At the end of that period of probation, the situation is reviewed and
if it is not satisfactory, a formal written warning is given, again
stating the above, and stating that if things do not change, you will
be forced to terminate their employment. At both stages, the employee
is given the opportunity to answer to the allegations, and use an
internal appeals procedure if they do not agree with your assessment
if the situation. This appeals procedure, usually gives the individual
the right to a hearing with someone such as your HR department or to
your superior.

Lantana:

Set up the metrics that quantify baseline performance and start
measuring. Even in a relatively unstructured department as yours there
are quantifiable requirements. Having the employee help in
establishing the metrics may be all it takes.

I had to confront an under performing employee who was running - or
not - a construction project. I met him at the job and asked him to
help me create a percentage of completion report. We went through each
task and I asked him how long he thought it would take to complete. 
On the following week when I requested an update he had already
figured out that his ride on the gravy train was over and quit.

I suspect that your troubled employee will see the writing on the wall
too. If not, if they continue to obfuscate the issue, it is your
responsibility to remove them for the good of the department.

Remember the sword of compassion cuts clean.

Waldo

As a employer, I delt with several problems simlar to this.  All the
people that has responded have offered great legal advise.  What it
comes down to is as hard as it is to do, you need to get rid of her. 
Follows what ever procedure you need to, but get rid of her.  You will
both be better off in the long run.  I have gone through at least 2
situations that were very very difficult, as there were with employees
I had know for years.  One time there was a insomni problem with a
employess, it was always a excuse as to why he could not come on time.
 Much of what you have described sounds just like what I had to deal
with.  This person could not find a cure, there cure was to sleep into
the day and come in when they could.

I have other simlar stories as well.

What it came down to in the end was we had to let them go.  It was
hard but it was what had to be done and once we both reflected on
that, we realized in the end it was best for everyone that was
invloved.

I hope this helps comming from someone that has been in a very simular
situation.

I thought the comment by Ozguru was especially good.  

It sounds like your employee has assignments.  Perhaps you could
establish a system of making the assignments in writing.  Create a
workorder that gives the requirements of the assignment and its due
date and time.  When she completes the assignment, have her turn the
assignment in to a supervisor who signs and dates the workorder.  (I
think this would have to be done for all of your staff, not just her.)
 Make provision on the workorder for reassigning it to another person,
including the reason it was reassigned, e.g. "Mary called in sick." 
This would create documentation of all the assignments she did and did
not complete satisfactorily.

Consider having a daily/weekly staff meeting always at the same time,
e.g. Monday 8:00 a.m., daily 10:15 a.m., etc.  Document attendence.

I have two co-workers who have Borderline Personality Disorder.  She
sounds very much like them!  People with BPD have no clear sense of
self.  They crave attention and go to extremes to get it.  Their lives
are in a perpetual state of crisis, and they want others to suffer
with them or to accomodate to their crises.  They're very
manipulative.  You can learn more about BPD from these sites:
http://directory.google.com/Top/Health/Mental_Health/Disorders/Personality/Borderline/

If she has BPD, she is probably incapable of changing.  If you take
disciplinary action against her, she might try to create a crisis any
way she can--public demonstration, lawsuit, newspapers, anything.  If
she has BPD, you should be very careful to document your case
meticulously, and to proceed cautiously.  If your university has a
psychiatry/psychology department, get some advice from the
psychiatrists/psychologists.

Good luck!  And let us know what happens!!