AboutThomas R. Ballas Expertise I will take questions about EEOC complaints, ADA, FMLA and most Human Resource issues. I am an expert in the Railway Labor Act and collective bargaining agreements.
Experience I have 36 years experience in the rail industry, 16 as the lead company negotiator for all Section Six talks.
Education/Credentials BA in Psychology, PHR and SPHR Certifications.
Question My brother is going through a divorce, and unfortunately he works at the same place his soon-to-be ex does. When she filed for divorce, she stated that she felt my brother was a threat by working near her with a divorce being finalized. My brother has stated that he has never done anything to threaten her. Human resources told him of a job on another shift in another part of the workplace, and he agreed to take it on a 3 month basis. After 3 months, the divorce will be finalized and my brother was told he could get his old job back. Now his soon to be ex has stated that she still feels threatened and she is pushing to get my brother fired. Without either of us being on the inside of this situation, I was wondering if you had any advice I could give to my brother. Also, can he be considered a threat if he never comes in contact with her and hasn't made any threatening remarks or gestures to her? He has a divorce lawyer he is dealing with but if you can help with any advice that would be great.
Answer Jason:
If I were your brother, I would inform the Management that I have no contact with the ex wife, therefore there is no reason for her to feel threatened.
In fact, she is trying to influence the Company to take adverse action against your brother for not reason, and I would bring that up as well.
I would write Management a letter, with copy to HR and my attorney, stating the above, and respectfully request they note my personnel file with copy of the letter.
