From mmreturn@magnetdev.com Tue Dec 15 07:38:21 2009 Return-Path: Received: from mail14.mmsend.com (mmsend14.mmsend.com [64.27.72.14]) by smtp.XXXXXXX.XXX (8.14.3/8.14.3) with ESMTP id nBFFcEQZ003321 for ; Tue, 15 Dec 2009 07:38:15 -0800 Message-Id: <200912151538.nBFFcEQZ003321@smtp.XXXXXXX.XXX> Received: from MAGNETMAIL1 (172.18.14.1) by mail14.mmsend.com id h4umme0ir20e for ; Tue, 15 Dec 2009 10:38:10 -0500 (envelope-from ) Date: Tue, 15 Dec 2009 10:38:09 -0500 From: editor@principalinvestigators.org To: Subject: Your Issue: December 15, 2009 X-TokenInfo-NoToken: X-Bps1: 4549594354 MIME-Version: 1.0 Content-Type: multipart/alternative; boundary="_NextPart_000_887979_20091215_10389772" X-Proofpoint-Virus-Version: vendor=fsecure engine=1.12.8161:2.4.5,1.2.40,4.0.166 definitions=2009-12-15_11:2009-12-12,2009-12-15,2009-12-15 signatures=0 X-Proofpoint-Spam-Details: rule=notspam policy=default score=0 spamscore=0 ipscore=0 phishscore=0 bulkscore=100 adultscore=0 classifier=spam adjust=0 reason=mlx engine=5.0.0-0908210000 definitions=main-0912150105 --_NextPart_000_887979_20091215_10389772 Content-Type: text/plain; charset="ISO-8859-1" Content-Transfer-Encoding: quoted-printable PI e-Alert weekly e-zine is delivered worldwide.=A0PI e-Alert=A0features ex= pert advice on managerial and administrative challenges which confront Prin= cipal Investigators in every field of science research. Subscribe today at = XXXXXXXprincipalinvestigators.org/free_e_alert.php. =20 No. 7, December 14-18, 2009 Duty To Question Bizarre Behavior? Reader Question:=A0 One of my lab technicians has begun talking to himself and has become very = argumentative. Several of my staff have confided they are worried he is dev= eloping a mental disorder--and thus we could be heading for some episode of= "workplace violence". As PI and his supervisor, may I legally interview hi= m about these personality changes? Should I? If I refer the matter to our i= nstitute's Human Resources department, could the technician accuse me of "d= efamation of character"? Do I have any duty to do something or anything? Expert Comments:=A0 As PIs, you are "management" and a representative of the employer (institut= ion). You may, and should, interview the employee as soon as possible and m= ake contemporaneous notes of the conversation. The interview is predicated = on the employee's ability to conduct/complete the essential functions of hi= s job and the work related concerns/complaints expressed by other employees= . You have a legitimate concern about the welfare of all employees and the = safe and efficient operation of the work site.=20 Your interview questions need to be focused on the effects his recent behav= iors are having on others and the impact to the work environment. Conduct t= he interview discreetly and treat the content as confidential to the extent= you are able. It will help you if the questions are written out in advance= as an aid in order to keep on track. If there is an "employee assistance p= rogram", the employee should be urged to explore that benefit. Unless you a= re licensed and qualified to do so, refrain from the diagnosis of a "mental= disorder" -- leave that to the professionals in the field. Referring the matter to human resource department is appropriate and the ne= xt logical step. In fact, coordinate your efforts with HR. "Defamation" inv= olves negative statements about a View the remainder of the expert comments at XXXXXXXprincipalinvestigators.= org/news.php Comments by=A0G. Frederick Compton, Jr., JD,=A0Partner, Roetzel & Andress L= aw Firm. He concentrates his practice in the area of Labor and Employment. Agree? Disagree?=A0Submit your comments at XXXXXXXprincipalinvestigators.or= g/news.php =20 ??Preview of Next Week's Question?? No. 8, December 21-25, 2009 Reader Question:=A0 Do the reviewers look at the grant application budget and is it taken into = account as a review criterion? How does one ensure that a budget will be vi= ewed as realistic? Submit your early bird comments at XXXXXXXprincipalinvestigators.org/news.p= hp ------------------------------------------------------------------------ Missed Last Weeks's Question? Reader Question:=A0 My lab has 200 rats involved in a long-term study. The technicians have bec= ome very attached to one in particular, and have turned "him" into somethin= g of a pet. He has been given a name, and his cage is kept right in our lab= , not in the animal room. He frequently gets stroked and petted, plus he is= even put into a tiny "leash" and taken for walks around the lab. Is their = friendliness to a lab animal to be praised, or should I insist it be discon= tinued and staff maintain their emotional distance? Are any animal welfare = regulations being violated? View the expert comments at XXXXXXXprincipalinvestigators.org/news.php _______________________________________________________________________ This issue was brought to you as a service by=A0Principal Investigators Ass= ociation. 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No. 7, December 14-18, 2= 009

Management:
Duty To Question Bizarre Behavior?

Reader Question:=A0O= ne of my lab technicians has begun talking to himself and has become very a= rgumentative. Several of my staff have confided they are worried he is deve= loping a mental disorder--and thus we could be heading for some episode of = "workplace violence". As PI and his supervisor, may I legally interview him= about these personality changes? Should I? If I refer the matter to our in= stitute's Human Resources department, could the technician accuse me of "de= famation of character"? Do I have any duty to do something or anything?

Expert Comments:=A0As PI= s, you are "management" and a representative of the employer (institution).= You may, and should, interview the employee as soon as possible and make c= ontemporaneous notes of the conversation. The interview is predicated on th= e employee's ability to conduct/complete the essential functions of his job= and the work related concerns/complaints expressed by other employees. You= have a legitimate concern about the welfare of all employees and the safe = and efficient operation of the work site.

Your interview questions need to be focus= ed on the effects his recent behaviors are having on others and the impact = to the work environment. Conduct the interview discreetly and treat the con= tent as confidential to the extent you are able. It will help you if the qu= estions are written out in advance as an aid in order to keep on track. If = there is an "employee assistance program", the employee should be urged to = explore that benefit. Unless you are licensed and qualified to do so, refra= in from the diagnosis of a "mental disorder" -- leave that to the professio= nals in the field.

Referring the matter to human resource de= partment is appropriate and the next logical step. In fact, coordinate your= efforts with HR. "Defamation" involves negative statements about a

View the remainder of the expert comments

Comments by=A0G. Frederick Compton, Jr., JD,= =A0Partner, Roetzel & Andress Law Firm. He concentrates his practi= ce in the area of Labor and Employment.

The foregoing has be= en legal information only and should not be considered legal advice on a sp= ecific issue. For legal advice, the reader should contact legal counsel of= his or her choice.

Agree? Disagree?=A0Submit your comments

??Preview o= f Next Week's Question??

No. 8, December 21-25, 2009

Reader Question:=A0D= o the reviewers look at the grant application budget and is it taken into a= ccount as a review criterion? How does one ensure that a budget will be vie= wed as realistic?


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Missed Last Weeks's Quest= ion?

Reader Question:=A0M= y lab has 200 rats involved in a long-term study. The technicians have beco= me very attached to one in particular, and have turned "him" into something= of a pet. He has been given a name, and his cage is kept right in our lab,= not in the animal room. He frequently gets stroked and petted, plus he is = even put into a tiny "leash" and taken for walks around the lab. Is their f= riendliness to a lab animal to be praised, or should I insist it be discont= inued and staff maintain their emotional distance? Are any animal welfare r= egulations being violated?

View the expert comments

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