employee accusing board member

Is this your "office manager?" Is she the one who said her car was keyed on your premises and she didn't feel safe?

Is she claiming a hostile work environment?

Who yelled at her? Are there witnesses? Just trying to get a little more background.

I forgot about the situation Kerry referred to - what I'm wondering is why you haven't already gone to your association attorney about this? I would think he/she may need to refer you to someone who specializes in disputes between employer and employee, so get on the phone and start talking.

also. regarding determining the merit of the employee mistreatment complaint.

i'm sure the truth is somewhere in the middle. After reading the board member response. It sounds to me like the office manager doesn't appreciate being called out for not being in the office during office hours. and or not leaving notice or forwarding phones if they are out on the property.

I'm sure the board member could be more tactful, but nothing in the complaint nor the response qualifies as harassment.

here is the kind of kind of "harassment" the employee is complaining about.

" board member called at 2:15 and asked why I wasn't in the office. I informed them I was on property with a mainteance employee while they were performing a drain cleanout. Board member told me that I should be in the office and there was no reason for me to babysit the maintenance employees."

this is the board members response.

I approached the office and noted that the office was locked. There was no note on the door. I called the office phone number and the phones had not been forwarded. I finally called the property managers cell phone and informed her that someone was supposed to be in the office or there should be a notice and phones forwarded. I also reminded the property manager that unless it was an emergency and the property manager was needed as a helper, the maintenance staff was very capable and I didn't think it was appropriate to leave the office unattended without notice.

I wouldn't use the HOA attorney for this. Get an employment lawyer.

I also wouldn't rely on my views of legal issues, particularly in this thread, but if I understand correctly, being a jerk to people in general is not prohibited. I would not censure him--that gives grounds to support the complaint.

Is there consideration being given to firing his employee for cause (for reasons completely separate from this latest employee complaint)? Because if so, this employee is playing you all to maximize her or his chances of winning an unemployment insurance claim. If and when she is fired, she will say the board fired her as retaliation for her complaint.

HOAs should avoid hiring employees and should instead use contracted companies for services.

This really falls onto the relationship with the board and the employee/employee's company. If I recall, this HOA has decided to go with direct employees and not contract a Management company. Which is a bit unusual and not the best of ideas.

Plus was this person acting as a "board member" or a member whom tried to contact the office? There is the "board/employee" relationship and there is "Member/employee of the MC" interaction. If it was the latter then the HOA should contact the MC to make them aware of the situation. If it is the former, then the HOA needed to meet to discuss the issue and then taken action via board representative. (Typically the President).

I don't see a problem of this person not being in the office 24/7. Do not think that is reasonable. A MC can and should be able to leave their office to do their work. Sometimes you can forget to forward calls or put up a sign. Do not think this is something to complain about to the point of firing unless it's a case of them being neglectful.

After reading this, I would agree the truth is probably somewhere in the middle. It's true that the office manager could have left a note on the door and forwarded phone calls and emails before leaving the office. Even when you work in an office with other people, you usually let someone know (or at least change a voicemail) if you're going to be out for a certain period.

On the other hand, I suspect the board member was rude in what he said to the manager, especially if there have been issues with her before. I also wonder if there may have been beef between these two that could play an underlying reason why she thinks she's being harrassed (and he thinks he didn't do anything wrong).

I think there was a problem with the board member's approach - we weren't there, but if there have been issues with this office manager before, I can see him getting in the manager's face and yelling. That's inappropriate - and sometimes, this is how harassment lawsuits start. Especially if there's been beef between the manager and this board member before.

So, Augustin's approach is appropriate - I would have an executive session and let both sides tell their side before reminding the manager of the proper procedure - and telling the board member he needs to bring this to the board first. In fact, perhaps now is the time to review everything that's happened with this manager within the last 6 months or so - if there is a job performance issue, develop an improvement plan, put it in writing and then see where you are, say, 90 days from now. The president could be designated to speak to the manager if there are similar incidents in the future - AFTER it's been discussed with the board (and perhaps the association attorney or employment attorney {probably both} if shots are fired on the workplace harassment front).

As for the rest of the board, everyone could use some education on customer service and having difficult conversations. Difficult conversations aren't easy and people can and will try to push your buttons to the point you crunk out and say or do something you'll later regret. Responsible adults recognize this and try to be mindful of where their interpersonal strengths and weaknesses are and constantly work to fix themselves.

To add to that, I just read an article on talking to relatives with different views of the current protests. It referenced a book that could be useful there or in any conversation where things get heated - "Why won't you apologize - Healing big betrayals and everyday hurts" by Harriet Lerner, PH.D

Here's a link for more information and I'm sure you can buy this online or perhaps get it from your local library - https://www.simonandschuster.com/books/Why-Wont-You-Apologize/Harriet-Lerner/9781501129612

kerry,

sorry for not replying,

yes this is the office manager. no she is not a certified property manager.

As many of you are aware , we had a really bad property manager previously. The president continued to try and protect that manager. Finally after more than a year of complaints and issues, the board agree to fire the manager and hire a new manager.

The current property manager had no property management experience but she was sharp and seemed to be detailed. Approx 2 weeks into her employment, it appeared to me that she was not doing the job as outlined in the job duties. I tried to help her, walking her through the work order process and documentation requirements . She was not able to follow the guidelines. I stepped back and reported my concerns to the board.

Some other board members had their own concerns. One of those was the board member the property manager has accused of mistreatment.
One of the previous major problems we had , the office hours were not being followed.
For the new hire, we made clear that the office hours were 8-1, 2-5. lunch was 1-2.
Obviously, the property manager goes out on property throughout the day. However, the board made it clear that there needed to be some notice posted and phones forwarded.
The accused board member has repeatedly notified the board that owners have complained to him that noone is in the office during office hours and no notice or ability to contact the office manager.

Once I stopped trying to help the property manager with record keeping and documentation requirements, I also realized that decisions the board had made at meetings. Regarding actions to be taken , had not been followed up on. I would send an email and ask for updates. She always had an excuse and said she was not able to do her job because the board member that she accused, is often in her office asking for information or questioning why something hasn't been done.

The language she uses in the emails seems to be lifted from some kind of instruction manual "how to sue your employer for hostile work environment 101"

The board knows that mr.x is demanding and can often be abrasive. However, the board has made clear to the office manager that any individual board members suggestions are not orders. they are suggestions. She knows that board decisions are made by a vote of the board. My concern is she is using this to avoid actually doing her day to day job. Now that the 3 review period is coming up, The board amongst itself has raised several issues. We wanted her to work out so badly. Other board members have tried to work with her regarding fulfilling the requirements of documentation, record keeping. She has agreed to utilitze a system. When she didn't follow the old system, The board authorized the purchase of a software solution. Upkeep. She went through the orientation twice with the representative from Upkeep. 4 board members also went through the orientation . She assured everyone she thought it was very good and was enthusiastic about using it. That was a month ago. she still hasn't used it.

I personally believe she may not have computer skills and she is afraid or resistant to use the software solution. Even though she told us differently. I also know that she feels pressure as the 90 day trial period is coming up. When the board received the "employee mistreatment" email, it was on the exact day that we had scheduled a meeting to review her performance.

Again, I think this employee is using mr. x as a deflection for why she hasn;t been able to perform her job duties.

She isn't all bad. she is much better than the previous joker. However. I admit,that we settled on her because of the fact that she was familiar with the property and in the interview, assured up she understood the requirements of the job. The other candidates I had talked to either lived way too far away or were asking for a lot more money.

Back to the point, the executive meeting has been called for this wednesday to review mr. x response to the accusations. Some board members also see this as an attempt to create grounds for lawsuit.
I think if we meet and document that this meeting was to investigate the claims by the employee, then our obligation is done. However, the employees complaint I know first hand contained several distortions of events. Things that had nothing to do with her complain against Mr. X. But the events as she described them, if true, add to the list of complaints she has made.

Additionally, Mr. X is pissed. The board president let him know to stay away from the office or any interaction with the office manager . The president asked mr.x to submit his response to her accusations. line by line, in writing.

Mellisa.

The property manager claims Mr. X implied that she was not going to be approved by the board without his help. The property manager claimed that Mr. X instructed her to do things and said this is what the board decided.

Mr. X denies every instructing her to do something that was not already approved by the board. He said he did question her as to why she hadn't done something that was approved by the board 2 months ago. Also, In response to her still not utilizing the upkeep or any system, Mr. X reminded her that the job description required her to use a work order system and follow documentation procedures. If she wasn't doing that, then she wasn't doing her job.

I'm taking this info from mr. x's response so if the verbage is the wrong tense. I apologize.

Not sure if I read past someone else's comment, but I advise that all communications with the PM be in writing, with the message agreed upon ahead of time, and all board members copied. No unscripted, off the cuff responses. Messages should be brief and factual, no arguing back and forth - especially do not respond to emotionally-laden comments or accusations. You want evidence of reasonable communications with this person. Also document her failures to perform her job. You want to put a stop to any he-said she-said nonsense.

Some people are very skilled at creating turmoil and at splitting groups apart, which is what I think I'm seeing here. The next step would be to share her sob story with homeowners to get them on her side, so watch out for that.

Depending on how poorly she performs, I recommend against terminating her for cause and instead just not renew her contract. If you try to fire her, she'll probably just tie you up with legal action until the contract ends anyway, so you may as well save the money and use your time to look for a new PM. As someone else noted, I don't see the advantage of having an employee instead of an independent contractor. Employees do have rights that contractors don't, and why tie your hands if you don't have to.

shelia,

one person only communicating was the problem we had previously..

that is why we have separated it into clear defined areas .

we are all volunteers.. relying on one person to do all the work and training and oversight didn't work before. nothing got done.

Typically our Pres works closely with the PM and is the main point of contact. Our BOD will also designate specific tasks to our BOD Members and if for that task, and that task only, it requires them working on one with the PM, so be it.

BOD Members should not capriciously deal with the PM.

Laska

Just to clarify. The PM is an employee of the HOA versus an employee of a Management Company your hire? I also see you have had issues with her in the past. If an employee, I say build a case against her and fire her. Do not fight her on a unemployment claim and then let the chips fall where they do.