We have a new employee who has been with the company for thirty days therefore is still within her 60 day introductory period.  We noticed that she was using her e-mail for lots of personal business and so we began to monitor her e-mail ( we do have a company policy regarding personal e-mails as well as e-mail monitoring).  In monitoring her e-mail she had written to a friend on several occasions that she is looking for another job and that this job is only temporary until she finds a new one. She also went on to gripe about her scheduled hours (which she agreed upon when hired) after being told that she was not approved for overtime.  The office manager has met with her on occasion to make sure she is happy including changing her hours, buying a new chair, keyboard tray, etc. and when asking her how she is doing she states that everything is fine. Should we try to invest more into this employee or cut our losses... if we decide to end the relationship what is our liability since she is in her intorductory period?

What state?

In most states, you do not do yourself any favors by having an "introductory" or "probationary" period.  Either it's employment-at-will or it's not and by giving it some special name, it implies that perhaps the relationship is not at-will when this preliminary named period comes to an end.  If you are employment at will, you can simply say they're not happy, they're speaking ill of the company, and they're violating the electronic communications policy (or whatever it is that you have saying you can't spend your day writing personal emails or hanging out on HR forums).  Replacing people is an ugly chore, so perhaps a frank conversation would be better.

"Ms. Doe, it has been brought to my attention that you have been engaged in a lot of personal email use at your work station, so I've been monitoring your email.  As you know, this is something you can get in trouble for but that's really not what I want to talk to you about right now.  I'm saddened to learn that you are not happy here and you are looking for jobs elsewhere.  Can you tell me what the problems are?  Perhaps we can address them and, if not, perhaps this really just isn't the right place for you."

Either it'll get worked out or she'll quit out of embarassment or you start things in the right direction with an appropriate write up.  Have you ever dealt with this kind of situation before?  If yes: do the same thing again.  If no, keep in mind that you are setting a precedent (assuming you want your discipline to be fair and have similar situations handled in a similar manner.)

We are located in Oklahoma.   Thank you for your response as this was my thinking as well.  I have not had a situation like this occur, we are a relatively small company and have not had many employee issues in the past, but as we grow it is just par for the course.  My office manager is wanting to ask the employee to resign but I wanted to research this first.

OK is 10th circuit.  I don't think you have a circuit or state issue with simply terminating this person.

I think it's just as important to get the right people on the bus as it is to get the wrong people off the bus.  If this person may be the right person, it's better for the Company to try to work it out.  If this is definitely the wrong person, then document why that is so and let 'em go.

I get a laugh everytime I hear that people have used their company email to write personal emails and don't think that the company can and does monitor what they are saying.  Most companies now have some sort of policy about email being the property of the company and the possibility of it being monitored.  Some people still use it to talk about their deep dark secrets and then are shocked when the company finds out their secrets!! 

You can only image what my employees (remember I am in IT) have seen on different networks at different companies!!

I'm also in OK.  We are an at-will state, so I would cut my losses and terminate this employee.  Obviously, if you continue to put effort in, then you will probably lose her anyway.  Also, if the employee is that unhappy, her productivity is probably poor.  You should have no liability - other than a possible unemployment claim. 

Thank you, we ended up having a conference with the employee and writing her up for many offenses. She basicially admitted it was not a good fit for her and is going to continue to look for another job (just not on company time).  This suits us fine for now since we need someone to do the job. We are continuing to keep an eye out as well as documenting everything.  

 

Thank you everyone for your input