Litigious colleague - exhausted

[Anonymous]

Are employees becoming more litigious? I work with a colleague who is notorious for always “documenting” and taking offense. She always seems to have a case open with HR about one colleague or another, and investigations that take place on her behalf seem inconclusive since nothing ever happens. I’ve heard through the grapevine she has a lawyer on retainer. Workwise, she does enough to get by but is also the first to pass her workload off to others if there’s a task, or she spins out over minutiae and causes chaos/stress among the team.

She herself has been reported for abusing PTO and workers comp policies but HR does nothing. I have to work with this person but she honestly scares me because I know she’s documenting and waiting to pounce at any given moment.

I am exhausted and always walking on eggshells. How do you deal in this situation?

[Anonymous]

Is she a person of color? I do see and hear about this with women poc.

[Anonymous]

Anonymous wrote:Is she a person of color? I do see and hear about this with women poc.

Yes

[Anonymous]

Anonymous wrote:Is she a person of color? I do see and hear about this with women poc.

More common than you think, especially in the govt.

[Anonymous]

Anonymous wrote:Are employees becoming more litigious? I work with a colleague who is notorious for always “documenting” and taking offense. She always seems to have a case open with HR about one colleague or another, and investigations that take place on her behalf seem inconclusive since nothing ever happens. I’ve heard through the grapevine she has a lawyer on retainer. Workwise, she does enough to get by but is also the first to pass her workload off to others if there’s a task, or she spins out over minutiae and causes chaos/stress among the team.

She herself has been reported for abusing PTO and workers comp policies but HR does nothing. I have to work with this person but she honestly scares me because I know she’s documenting and waiting to pounce at any given moment.

I am exhausted and always walking on eggshells. How do you deal in this situation?

By going on the offensive and making all sorts of complaints she has basically buffered herself from HR because they don’t want to get accused of any retaliatory action. Even if her underlying claims aren’t true, the penalties for retaliating against someone who has made any sort of discrimination complaint (assuming this is part of her MO) can be huge. And even if there is strong documentable evidence against her, HR now has to prove their intent. Are they only enforcing these policies against her and not other employees? It’s a nightmare scenario for an employer to be in.

[Anonymous]

Person of color or not, any women who goes to HR for whatever reasons will make everyone nervous

[Anonymous]

Anonymous wrote:Are employees becoming more litigious? I work with a colleague who is notorious for always “documenting” and taking offense. She always seems to have a case open with HR about one colleague or another, and investigations that take place on her behalf seem inconclusive since nothing ever happens. I’ve heard through the grapevine she has a lawyer on retainer. Workwise, she does enough to get by but is also the first to pass her workload off to others if there’s a task, or she spins out over minutiae and causes chaos/stress among the team.

She herself has been reported for abusing PTO and workers comp policies but HR does nothing. I have to work with this person but she honestly scares me because I know she’s documenting and waiting to pounce at any given moment.

I am exhausted and always walking on eggshells. How do you deal in this situation?

The only thing I can suggest is that you never let down your guard. Be extra careful of anything you write to her or about her (it can be subpoenaed) and what you say to others. If you have any conversations where she gets defensive with you, document the conversation and just keep a record. Be even-tempered and don't say much. Try to never be alone with her or in a closed office; be around a witness. We were sued by someone and having had witnesses to the person's complaints was helpful as testimony. Unfortunately it is exhausting. Let HR deal with it. They may have something against her going on that you don't know about and the HR process is slow. Even if not, that's what they are there for and let them deal with the nitty gritty of it.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Are employees becoming more litigious? I work with a colleague who is notorious for always “documenting” and taking offense. She always seems to have a case open with HR about one colleague or another, and investigations that take place on her behalf seem inconclusive since nothing ever happens. I’ve heard through the grapevine she has a lawyer on retainer. Workwise, she does enough to get by but is also the first to pass her workload off to others if there’s a task, or she spins out over minutiae and causes chaos/stress among the team.

She herself has been reported for abusing PTO and workers comp policies but HR does nothing. I have to work with this person but she honestly scares me because I know she’s documenting and waiting to pounce at any given moment.

I am exhausted and always walking on eggshells. How do you deal in this situation?

By going on the offensive and making all sorts of complaints she has basically buffered herself from HR because they don’t want to get accused of any retaliatory action. Even if her underlying claims aren’t true, the penalties for retaliating against someone who has made any sort of discrimination complaint (assuming this is part of her MO) can be huge. And even if there is strong documentable evidence against her, HR now has to prove their intent. Are they only enforcing these policies against her and not other employees? It’s a nightmare scenario for an employer to be in.

The upside for you is that she’s the boy who cried wolf. If she complains about you to HR, they will silently cry, but probably won’t think there’s anything to it. Theyll know that’s just her MO. But be sure to use a personal email for personal stuff. At some point if she sure, the lawyers will collect all your work email. And never, ever make jokes or snide comments about her in your email, etc.—-that will get produced and you’ll get deposed.

[Anonymous]

I am HR and have a colleague like this. It’s exhausting for us too. It’s not that difficult to get another job- I just wish this person would leave and go waste someone else’s time. (This person is white- in my experience this type of person does not have a demographic- I’ve seen them all.)

[Anonymous]

Stay away from her as much as possible. Document every interaction. Do as much as possible through email.

[Anonymous]

I’m an attorney who handles a lot of defense side employment cases. Unfortunately, there are people who make a living off suing their employers. Your colleague is likely just waiting to be fired so she can bring a claim for retaliation. The fact that she’s documenting and reporting everything to HR suggests she has done this before or knows someone who has. Sadly, for employers, this is just the cost of doing business. People who look for things and bring merit less lawsuits are lowlifes.

[Anonymous]

Anonymous wrote:I’m an attorney who handles a lot of defense side employment cases. Unfortunately, there are people who make a living off suing their employers. Your colleague is likely just waiting to be fired so she can bring a claim for retaliation. The fact that she’s documenting and reporting everything to HR suggests she has done this before or knows someone who has. Sadly, for employers, this is just the cost of doing business. People who look for things and bring merit less lawsuits are lowlifes.

Stop paying settlements and start filing motions for summary judgment. If denied, go to trial frivolous cases. Can this be more costly for the employer? Yes, for that case — but employers who are known to pay out settlements can become targets.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Is she a person of color? I do see and hear about this with women poc.

More common than you think, especially in the govt.

Thank you, my bingo card needed “racist sock puppet”

[Anonymous]

Maybe you are just a racist jerk ? I’m white mid 40s F. Never thought age discrimination is so horrendous in the US until I came across it myself at the workplace

[Anonymous]

Anonymous wrote:

Anonymous wrote:Are employees becoming more litigious? I work with a colleague who is notorious for always “documenting” and taking offense. She always seems to have a case open with HR about one colleague or another, and investigations that take place on her behalf seem inconclusive since nothing ever happens. I’ve heard through the grapevine she has a lawyer on retainer. Workwise, she does enough to get by but is also the first to pass her workload off to others if there’s a task, or she spins out over minutiae and causes chaos/stress among the team.

She herself has been reported for abusing PTO and workers comp policies but HR does nothing. I have to work with this person but she honestly scares me because I know she’s documenting and waiting to pounce at any given moment.

I am exhausted and always walking on eggshells. How do you deal in this situation?

By going on the offensive and making all sorts of complaints she has basically buffered herself from HR because they don’t want to get accused of any retaliatory action. Even if her underlying claims aren’t true, the penalties for retaliating against someone who has made any sort of discrimination complaint (assuming this is part of her MO) can be huge. And even if there is strong documentable evidence against her, HR now has to prove their intent. Are they only enforcing these policies against her and not other employees? It’s a nightmare scenario for an employer to be in.

Thank you. I couldn’t figure out why she hadn’t been let go yet as she’s done some pretty awful things to other colleagues, but this is it. Sounds like there are two options: either she’s part of a large group of layoffs (a possibility for her entire team), or people slowly leave because they can’t stand working with her anymore.