Employee has been with us for past 3 months. Attendance problems and high incidents of reporting sick. When questioned, alleges domestic violence and assault. Says divorced, but still staying together. Appears untrustworthy. To what extent can HR act on this matter .Can counselling sessions be carried out ? Her superior has indicated that he doesn't want her beyond the 6 month probation period.
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This is a sensitive issue that requires careful handling. Here are some steps you can consider:
1. Confidentiality: Ensure that the matter is treated with utmost confidentiality. It's important to respect the employee's privacy.
2. Legal Advice: Consult with your legal team to understand the legal implications and responsibilities of the company in such cases. Depending on your location, there may be specific laws or guidelines to follow.
3. Counselling: If your company has an Employee Assistance Program (EAP), refer the employee to it. If not, you can consider arranging for professional counselling sessions. However, the employee must be willing to participate.
4. Communication: Have a frank discussion with the employee about her performance issues. Make it clear that while you empathize with her situation, she is still expected to meet her job responsibilities.
5. Support: If possible, provide resources or information about local support services for victims of domestic violence.
6. Document: Keep a record of all interactions and actions taken in this regard. This can be useful in case of any future legal implications.
7. Review: If her superior is not satisfied with her performance, and it doesn't improve even after providing support, you may have to consider the option of not extending her probation period. However, this decision should be based on her job performance and not her personal issues.
Remember, it's crucial to approach this issue with empathy and understanding, while also maintaining professional boundaries.
From India, Gurugram
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741. Confidentiality: Ensure that the matter is treated with utmost confidentiality. It's important to respect the employee's privacy.
2. Legal Advice: Consult with your legal team to understand the legal implications and responsibilities of the company in such cases. Depending on your location, there may be specific laws or guidelines to follow.
3. Counselling: If your company has an Employee Assistance Program (EAP), refer the employee to it. If not, you can consider arranging for professional counselling sessions. However, the employee must be willing to participate.
4. Communication: Have a frank discussion with the employee about her performance issues. Make it clear that while you empathize with her situation, she is still expected to meet her job responsibilities.
5. Support: If possible, provide resources or information about local support services for victims of domestic violence.
6. Document: Keep a record of all interactions and actions taken in this regard. This can be useful in case of any future legal implications.
7. Review: If her superior is not satisfied with her performance, and it doesn't improve even after providing support, you may have to consider the option of not extending her probation period. However, this decision should be based on her job performance and not her personal issues.
Remember, it's crucial to approach this issue with empathy and understanding, while also maintaining professional boundaries.
From India, Gurugram
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Dear Rastaman-Rasta,
The allegations against the employee is keeping a lot of meaning.
As per your post, the employee's DH has notified the HR about his dissatisfaction over the work performance.
The employee is having attendance problems and high incidents of health issues.
The domestic violence and assault are not the afair of the company,rather the employee' own problem.
You better stay away from the employee domestic issues because are under judiciary jurisdiction.
As an HR, your role is to summon the employee for counselling by issue of a letter describing her low attendance, poor work performance and poor health. You can do the counselling but keeps no meaning because her superior has indicated that they don't want her beyond probation period.
You should give her indication either resign or face termination for not successful in her probation. Don't behave harsh you can relive the poor by paying notice.
From India, Mumbai
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The allegations against the employee is keeping a lot of meaning.
As per your post, the employee's DH has notified the HR about his dissatisfaction over the work performance.
The employee is having attendance problems and high incidents of health issues.
The domestic violence and assault are not the afair of the company,rather the employee' own problem.
You better stay away from the employee domestic issues because are under judiciary jurisdiction.
As an HR, your role is to summon the employee for counselling by issue of a letter describing her low attendance, poor work performance and poor health. You can do the counselling but keeps no meaning because her superior has indicated that they don't want her beyond probation period.
You should give her indication either resign or face termination for not successful in her probation. Don't behave harsh you can relive the poor by paying notice.
From India, Mumbai
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This is a sensitive and complex HR issue that involves both performance management and potential personal trauma. Here's a breakdown of what HR can and should do, balancing legal obligations, duty of care, and organizational needs:
1. Understand the Allegations: Domestic Violence and Health
If the employee is alleging domestic violence and assault, this introduces a duty of care issue. In many jurisdictions, employers must take reasonable steps to support employees facing personal crises, especially when it impacts their well-being and work.
What HR can do:
Document all discussions and reported issues.
Offer access to EAP (Employee Assistance Programme) or recommend external counselling services, even if she hasn't asked.
Allow flexibility, where feasible, with time off, working hours, or remote work—if available and appropriate.
Refrain from dismissive judgment based on her "appearing untrustworthy"—it is a subjective view and can expose the company to legal or reputational risk.
2. Attendance and Sick Leave Patterns: High absenteeism and frequent sick reports during probation are legitimate performance issues.
What HR can do:
a. Conduct a formal review meeting to:
b. Clarify attendance expectations.
c. Request medical certificates or documentation if not already provided.
d. Set clear benchmarks for attendance and communication going forward.
e. Document the impact of her absences on team performance and workflow.
f. Include this information in the probation review file.
3. Probation Review and Potential Non-Renewal
Probation periods are designed for both parties to evaluate fit. If her attendance or performance is unsatisfactory, the employer is generally within their rights not to confirm employment.
What HR can do:
a. Clearly communicate expectations and performance gaps now (if not already).
b. Document any warnings or performance improvement steps taken.
c. Decide based on objective criteria (e.g., attendance records, performance metrics), not personal judgment or bias.
If the decision is made to not confirm employment, ensure it is:
a. Lawful (in line with employment laws and her contract).
b. Respectful (taking into account the sensitive nature of her personal circumstances).
4. Can Counselling Be Offered?
Yes.
If your organization has an EAP, HR can refer her confidentially. If not, HR can recommend external support services for domestic violence victims and mental health counselling.
HR cannot force counselling but can encourage and offer it in a supportive way.
Important Considerations
1. Legal Risk: Terminating or not confirming an employee who alleges domestic violence could raise concerns about discrimination or victimization, even during probation. Clear documentation is essential.
2. Confidentiality: All personal disclosures should be kept confidential and discussed only with relevant parties (e.g., HR, direct manager, legal if needed).
3. Supervisor’s Bias: If the superior's refusal to retain her is based on subjective feelings (e.g., “she seems untrustworthy”) rather than clear evidence, HR should be cautious. Ensure the decision is based on facts, not perceptions.
Recommended Actions for HR
1. Conduct a formal probation check-in if not already done.
2. Document all performance-related concerns with specific dates and impacts.
3. Provide support referrals (EAP or external counselling).
4. Communicate clearly what is expected for the remainder of the probation.
5. If terminating: follow proper process, give appropriate notice/pay per contract, and frame the decision in terms of role performance, not personal judgments.
From India, Mumbai
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1. Understand the Allegations: Domestic Violence and Health
If the employee is alleging domestic violence and assault, this introduces a duty of care issue. In many jurisdictions, employers must take reasonable steps to support employees facing personal crises, especially when it impacts their well-being and work.
What HR can do:
Document all discussions and reported issues.
Offer access to EAP (Employee Assistance Programme) or recommend external counselling services, even if she hasn't asked.
Allow flexibility, where feasible, with time off, working hours, or remote work—if available and appropriate.
Refrain from dismissive judgment based on her "appearing untrustworthy"—it is a subjective view and can expose the company to legal or reputational risk.
2. Attendance and Sick Leave Patterns: High absenteeism and frequent sick reports during probation are legitimate performance issues.
What HR can do:
a. Conduct a formal review meeting to:
b. Clarify attendance expectations.
c. Request medical certificates or documentation if not already provided.
d. Set clear benchmarks for attendance and communication going forward.
e. Document the impact of her absences on team performance and workflow.
f. Include this information in the probation review file.
3. Probation Review and Potential Non-Renewal
Probation periods are designed for both parties to evaluate fit. If her attendance or performance is unsatisfactory, the employer is generally within their rights not to confirm employment.
What HR can do:
a. Clearly communicate expectations and performance gaps now (if not already).
b. Document any warnings or performance improvement steps taken.
c. Decide based on objective criteria (e.g., attendance records, performance metrics), not personal judgment or bias.
If the decision is made to not confirm employment, ensure it is:
a. Lawful (in line with employment laws and her contract).
b. Respectful (taking into account the sensitive nature of her personal circumstances).
4. Can Counselling Be Offered?
Yes.
If your organization has an EAP, HR can refer her confidentially. If not, HR can recommend external support services for domestic violence victims and mental health counselling.
HR cannot force counselling but can encourage and offer it in a supportive way.
Important Considerations
1. Legal Risk: Terminating or not confirming an employee who alleges domestic violence could raise concerns about discrimination or victimization, even during probation. Clear documentation is essential.
2. Confidentiality: All personal disclosures should be kept confidential and discussed only with relevant parties (e.g., HR, direct manager, legal if needed).
3. Supervisor’s Bias: If the superior's refusal to retain her is based on subjective feelings (e.g., “she seems untrustworthy”) rather than clear evidence, HR should be cautious. Ensure the decision is based on facts, not perceptions.
Recommended Actions for HR
1. Conduct a formal probation check-in if not already done.
2. Document all performance-related concerns with specific dates and impacts.
3. Provide support referrals (EAP or external counselling).
4. Communicate clearly what is expected for the remainder of the probation.
5. If terminating: follow proper process, give appropriate notice/pay per contract, and frame the decision in terms of role performance, not personal judgments.
From India, Mumbai
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Has the employee sought any formal or informal assistance from the Employer in resolving the issue? If not, it would be too officious for the employer to interfere or probe into such matters. The employee ought to be assessed based on his performance and attributes.
In the given facts, it could be that the employee is just putting forth an alibi for his or her habit of playing truant.
From India, Kochi
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In the given facts, it could be that the employee is just putting forth an alibi for his or her habit of playing truant.
From India, Kochi
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(Fact Checked)-Your input is correct. HR should respect privacy but can offer support. Performance should be the main assessment factor. (1 Acknowledge point)
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CiteHR.AI
(Fact Checked)-Your detailed response is accurate and well-structured, covering all the important aspects of the situation. It's a great guide for handling such complex HR issues. Keep up the good work! (1 Acknowledge point)