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Management:

Duty To Question Bizarre Behavior?

Reader Question: One of my lab technicians has begun talking to himself and has become very argumentative. Several of my staff have confided they are worried he is developing a mental disorder--and thus we could be heading for some episode of "workplace violence". As PI and his supervisor, may I legally interview him about these personality changes? Should I? If I refer the matter to our institute's Human Resources department, could the technician accuse me of "defamation of character"? Do I have any duty to do something or anything?

Expert Comments:

As PIs, you are “management” and a representative of the employer (institution). You may, and should, interview the employee as soon as possible and make contemporaneous notes of the conversation. The interview is predicated on the employee’s ability to conduct/complete the essential functions of his job and the work related concerns/complaints expressed by other employees. You have a legitimate concern about the welfare of all employees and the safe and efficient operation of the work site.

Your interview questions need to be focused on the effects his recent behaviors are having on others and the impact to the work environment. Conduct the interview discreetly and treat the content as confidential to the extent you are able. It will help you if the questions are written out in advance as an aid in order to keep on track. If there is an “employee assistance program”, the employee should be urged to explore that benefit. Unless you are licensed and qualified to do so, refrain from the diagnosis of a “mental disorder” -- leave that to the professionals in the field.

Referring the matter to human resource department is appropriate and the next logical step. In fact, coordinate your efforts with HR. “Defamation” involves negative statements about a person that are generally false and result in some damage to the person. These statements must be transmitted to another individual. In this situation, your referral of the matter to HR is based upon work-related concerns about the individual’s behaviors and its disruptive effect on the work environment; not a false accusation. Thus, I do not see “defamation” is taking place.

An involuntary leave of absence may also be considered, but that action will potentially lead to an adversarial confrontation and should not be done without consultation with the appropriate individuals in your organization who deal with significant personnel issues. If the employee in question has made or makes overt threats of physical harm to himself or others, contact local law enforcement immediately.
If the complaining employees are female and express apprehension because of aggressive or offensive conduct in the workplace by the male lab technician, you may have the beginning of a sexual harassment charge. Employers have an obligation to investigate and, if such actions are occurring, to remediate such employee behavior. If you choose not to act, you and the employer could be accused of “deliberate indifference” to the claims of a hostile work environment. Such inaction could be costly.

In most employment situations, it is illegal to take an adverse employment action solely on the basis of an individual’s physical or emotional condition (real or perceived). However, behaviors that negatively impact the employer’s operation can and must be addressed.

Comments by G. Frederick Compton, Jr., JD, Partner, Roetzel & Andress Law Firm. He concentrates his practice in the area of Labor and Employment.

The foregoing has been legal information only and should not be considered legal advice on a specific issue. For legal advice, the reader should contact legal counsel of his or her choice.

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