Does supervisor have right to know why employee left work? 08-06-2008

We have an employee having difficulty with an overly forceful supervisor. Employee came to HR was then referred to Senior Mgmt. who then sent employee, who was visibly upset, home for the day. Can Spvr. legally demand to know "why" from Senior Mgmt. and/or employee? Employee has available personal time.

Rita Risser Replies:

No the supervisor cannot legally demand to know why the employee went home. The employer (HR or senior management) is allowed to ask questions to make a determination of whether the employee is within policy. For example, if employee is taking a sick day it is permissible to ask if they are sick. But if you have a policy that allows personal time for any reason, the employer cannot ask, and in any event a vindictive supervisor cannot demand to know from either the company or the employee.

The more important issue is that the supervisor sounds like a loose cannon. The entire matter should be investigated, and if it is found that he was overly forceful he should be warned, and if it continues after a couple of warnings, he should be terminated. Also, he should be put on notice that he cannot retaliate against this employee in any way. The courts are beginning to find that bullying is illegal so if that is what is going on, you'd better stop it now.

Good luck.

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