Feb 09, 2008 - 08:32:23 CST
Crystal R. Reid Bismarck Tribune
The public battle between a state workers' compensation whistleblower and the agency continued, after the agency released another letter chiding the whistleblower's actions and requesting further clarification on several issues.
John Halvorson, interim CEOof Workforce Safety and Insurance, responded to Jim Long, chief of support services of the agency who was put on paid administrative leave in mid-November.
Long had requested information regarding his employment status, to which WSI replied on Jan. 31; the reply requested Long explain how he would repair broken employee-employer relationships, as well as explain perceived poor management and unprofessional conduct.
Long refuted the allegations in a letter on Monday, saying they were unfounded and defending his decisions to release information to the public.
In Halvorson's newest letter, dated Wednesday, he contends Long did little to satisfy their concerns and asked him to specifically address several more.
Long said he will reply within the five-day deadline given by Halvorson, adding that the letter was hard to read because it contained information that he'd never seen before.
"You see a lot of things in there which I would consider to be defamatory,"he said.
WSI provided the Tribune with further documentation of alleged performance issues, including a separation agreement which may have been drafted on or around Oct. 19, shortly after Long spoke with the Bureau of Criminal Investigations and a few days before Long filed for whistleblower protection.
Long said he had never seen that separation agreement, although Halvorson made references to Long's "imminent" termination.
Read the letter by clicking here.


Kimberly wrote on Feb 16, 2008 2:44 PM:
Large Marge wrote on Feb 10, 2008 8:06 PM:
Heritage wrote on Feb 9, 2008 10:13 PM:
Curious and curiouser wrote on Feb 9, 2008 8:18 PM:
Mr. Dictionary wrote on Feb 9, 2008 6:58 PM:
Facts About Sexual Harassment
Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964.
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment.
Sexual harassment can occur in a variety of circumstances, including but not limited to the following:
The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.
The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.
The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
Unlawful sexual harassment may occur without economic injury to or discharge of the victim.
The harasser's conduct must be unwelcome.
It is helpful for the victim to directly inform the harasser that the conduct is unwelcome and must stop. The victim should use any employer complaint mechanism or grievance system available.
"
sally sue wrote on Feb 9, 2008 6:49 PM:
Would HR keep such a document if it involved them?
So from a harassment perspective, someone must be uncomfortable with the words/activities/etc., to be harassed. Yeah, like just because those involved were will to participate and weren't uncomfortable with such juvenile behavior, no one else was? When employees heard the laughter coming their way, they got out of area as fast as possible so they wouldn't have to put up with it. I wonder if that would be a sign they were uncomfortable. It seems the laughter has been replaced with scowling.
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Define Harrassment wrote on Feb 9, 2008 3:43 PM:
Incidentally, the activities/words/etc. that apparently were going on should not have been going on in the workplace. Regardless of harassment or not, that type of activity must be outside of the office. I think that may be the issue regarding inappropriate behavior with subordinate(s). Not harassment. "
Carl Young wrote on Feb 9, 2008 1:34 PM:
I don't understand how all of the documentation can exist in the personnel file and not include these issues including "imminent separation" or the "allegations of sexual harassment". If Dr. Long had a problem accepting authority from the acting CEO, then why was the acting CEO's performance review of Dr. Long so glowing in its attempt to heap praise upon him? In fact, Halvorson wrote "Jim consistently puts forth a quality work product. Jim is an asset to the organization."
In my experience, either you are a good employee or you are not. At any rate, if Dr. Long was such a negative employee, those issues need to have been addressed in his personnel record. If Dr. Long truly was accused of sexual harassment, then that issue should have been addressed in the personnel file. At the very least, adequate disclosure of documentation regarding retraining for sexual harassment should be listed in the personnel file.
According to the Policy Handbook, which can be found on the WSI website: www.workforcesafety.com/rfp/references/PolicyHandbook.pdf - 2007-12-04, the following "Corrective Discipline Measures" may occur.
Verbal Warning – A coaching/counseling session that must be documented in e-mail
format by the supervisor and e-mailed to the Human Resources Manager and carbon
copied to the employee. This document will not be placed in the personnel file, but will
be kept by Human Resources. If further issues of a similar nature occur, a more severe reprimand will be done and this document will be attached.
Written Warning – Must be documented on a Performance Memo. This document will be placed in the personnel file along with all related verbal warnings.
Administrative Leave without pay
Termination
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Joe wrote on Feb 9, 2008 12:36 PM:
Dear Curious. wrote on Feb 9, 2008 11:29 AM:
Because Christal won't let you use her she is involved?
Keep up the good work Christal! You have been doing a great job. "
Curious wrote on Feb 9, 2008 11:00 AM:
Two sides wrote on Feb 9, 2008 10:05 AM:
When people in authority believe they can behave in any manner they like, but hold those they have authority over to the law, the people will eventually revolt. Actions speak louder than words every time. You probably weren't born last night but it does appear you are still sleeping.
"
Born last night wrote on Feb 9, 2008 9:31 AM:
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