Reprinted from the October 15, 2006 issue of MANAGER’S LEGAL BULLETIN, a widely read employment law newsletter that communicates legal guidelines to managers through real-life dialogue and concrete examples. Click here to view a sample issue, get more information or sign up for a risk-free subscription.

Hanging Up On Harassing Phone Calls

When employees receive harassing phone calls from outsiders, you may feel as though there is nothing you can do to stop them, since the calls aren’t being made by an employee or on the premises. But when your employees are at wits end, they will turn to you to help solve the problem.

SPOUSAL ABUSE

No one wanted to be the one to answer the phone when Lenny Busch’s wife called. She was rude and abusive, sometimes cursing and calling names. Half the time, she didn’t even want to speak to her husband; sometimes, she just complained about issues regarding her husband’s employment.

Busch’s manager, Pat Soropin, told the staff that Mrs. Busch’s next call should be immediately transferred to him. Soropin thought that perhaps Mrs. Busch would show a little more respect to someone in a position of authority.

But Soropin was wrong. Mrs. Busch was equally abrasive with the manager. Soropin spoke to Busch about his wife’s behavior and informed him that she could not continue to abuse anyone on staff whenever she called. The employee merely shrugged his shoulders and stated that he couldn’t control her.

When Mrs. Busch called again, Soropin clearly explained to her that her abusive behavior would not be tolerated and warned her that he would treat her phone calls as harassment and report her to the police the next time she was abusive to anyone in the company.

Soropin also told her that employee issues were discussed only with the employee and that he had no obligation to discuss work-related issues with an employee’s spouse, parent, etc. Soropin suggested that if Mrs. Busch had a problem with or question about any aspect of her husband’s employment, she needed to take it up with him.

The manager made sure to inform the employee of the possibility of police involvement, too. Plus, he sent separate certified letters, return receipt required, to both Busch and his wife, so no one could say they weren’t aware. Finally, Soropin reminded the employee that if he has a problem with or question about his employment, he should speak to him immediately.

COLLECTION CALL

One of Carrie Wong’s employees was angry and embarrassed when he informed her about all of the phone calls he’d been receiving from a credit collection agency. He was embarrassed to reveal to her that he owed a huge debt. But he was even angrier that the collection agency would harass him at work.

Wong informed the employee that the Fair Debt Collection Practices Act prohibits a debt collector from communicating with a consumer “in connection with the collection of any debt…at the consumer’s place of employment if the debt collector knows or has reason to know that the consumer’s employer prohibits the consumer from receiving such communication.” Therefore, she told him to transfer the next call to her and she would tell the caller that employees were not allowed to receive such calls at work.

Wong also told the employee that the Act allowed him to write to the debt collector to inform it that he wished it would “cease further communication with the consumer.” (However, it could still contact him under limited circumstances.)

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