How to handle employee’s divisive and mean-spirited e-mails

Q         How should we deal with an employee (already on a performance improvement plan (PIP)) whose divisive and mean-spirited e-mails are negatively affecting both coworkers and our external partners? Can we require manager approval for “all staff” communications without risking a retaliation claim?

A   The answer depends in part on whether the employee is employed “at will” or represented by a union. If he is represented by a union, you must consider the progressive discipline process contained in the labor agreement.

You generally have a wider range of options in dealing with a difficult employee who is employed at will. Nevertheless, you should still be careful to choose a course of action that is consistent with the policies and procedures contained in your employee handbook or manual.

Assuming the employee is employed at will, you should also consider why he is already on a PIP. If he has a history of being divisive and mean-spirited, and this led in whole or in part to being placed on the PIP, it might be appropriate to consider issuing a higher level of disciplinary action, such as a written warning, a final warning, or even termination based on the severity of his misconduct.