Court affirms termination of HR manager who solicited employee to sue employer

Kia Motors has advertised with the slogan “the power to surprise.” One of their HR managers took this saying to heart in choosing a very surprising method of expressing her displeasure with the employer. It didn’t work out so well for her.

Manager feels driven to extremes

Andrea Gogel worked for Kia Motors Manufacturing Georgia, Inc., a subsidiary of Kia Motors in Korea. She managed all HR functions relating to current employees while her counterpart, Robert Tyler, was in charge of all recruitment, hiring, and other preemployment matters.

At one point, Tyler was awarded a promotion to head of department (HOD) overseeing the entire HR function. Gogel was disappointed in this decision, believing she should have received the position instead. She complained about the choice and the “antiquated views” toward working women on the part of the Korean corporate executives.

After the promotion, Tyler was asked to investigate and report on increasing complaints by American managers that they weren’t given sufficient decision making authority. After he submitted the report, which included significant contributions from Gogel, senior vice president Randy Jackson asked to meet with her to discuss her view further.

Gogel expressed concern about speaking with Jackson and instead asked to meet with an independent investigator. The parties greatly dispute the chain of ensuing events, but it appears there was little or no follow-up to Tyler’s report.

Coworker is steered in wrong direction