Harassment?

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Rocker312

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I work in security, and I have an employee who is a royal pain in my butt. He works part-time and loves confrontation and arguing. His favorite thing to do is play the race card everytime he gets in trouble. Im sick of it personally. Only time he works is weekend graveyard. We had an incident, he refused to report it. I informed the other guard to tell him that night that there had better be a report in my desk when I came in Monday. Monday came and no report. So he blatently disobeyed my orders as well as protocol for incident reporting. I called him about 2:15pm, since prior conflict he said only time I can call him is between 12pm - 6pm. This was after he called me for BS reasons at 1am - 3am on a weekly basis. He refused to answer his phone, I left him a voicemail saying I'd call him again tomorrow. 2:04am - my cell phone rings, Im thinking its my graveyard shift guard calling me about a problem. No ... its the part-timer, who only works weekends, calling me. I went to answer my phone and he hung up before I could answer it.

Would it be considered harassment if he is calling me off duty at 2am, while Im asleep and he knows it?
 
No, it wouldn't.

But if this guy works for you and he's such a problem, why don't you just fire him? You do have all this behavior documented, right?
 
Why would it not be considered harassment if he is technically prank calling me in the middle of the night?

The problem I have is when I go to write him up the people that complained about him retract what they say. I personally can not fire him, my boss has to. Im only a supervisor at a site. Unfortunately my prior boss never sent me for proper training, they kept telling me you cant do this I have to do this. Now I have a new boss and he said all that stuff prior would have had him fired by now. I've been nothin but jerked around by management above me.
 
What difference does it make if it is harrassment or not? If your employee is calling you at home late at night for a non-business purpose then DOCUMENT it. Bring this and any other documentation of insubordination to the attention of your superiors. If you have to start over with the documentation, do it. Several negative complaints should be sufficient to ensure the removal of this troublesome employee.
 
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