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Advice for Small Business owner terminating an employee

Posted on 11/29/19 at 6:53 am
Posted by DeltaTiger14
Shangri La
Member since Nov 2015
182 posts
Posted on 11/29/19 at 6:53 am
I have only owned my business about 2 years and I inherited a staff from the previous owner. One of the workers has crossed a line that cannot be undone with her attitude and insubordination. I have good documentation including several text messages from her that are pretty damning To complicate things further, this lady has a sister that works for me too. My business lawyer is a good friend as well and my thoughts are to have him sit in on the termination. Thoughts?
This post was edited on 11/29/19 at 9:52 am
Posted by Splackavellie
Bayou
Member since Oct 2017
13051 posts
Posted on 11/29/19 at 6:55 am to
quote:

all my workers are female African Americans


Prayers sent.
Posted by Bestbank Tiger
Premium Member
Member since Jan 2005
82387 posts
Posted on 11/29/19 at 6:55 am to
quote:

all my workers are female African Americans


Eliminates a discrimination claim. Especially if you replace her with a black woman.

Otherwise I'd delete this post.
Posted by fr33manator
Baton Rouge
Member since Oct 2010
135033 posts
Posted on 11/29/19 at 6:55 am to
Well, prepare to be called a racist, at the very least
Posted by ProfFrink
Springfield
Member since Nov 2018
3407 posts
Posted on 11/29/19 at 6:56 am to
Have someone sit in. Don’t sugar coat it. Stick only the facts and keep it short

Sucks having to fire people but it is sadly a part of business
Posted by SkintBack
SoLo
Member since Nov 2015
1890 posts
Posted on 11/29/19 at 6:56 am to
STD clinic?
Posted by HoustonChick86
Catalina Wine Mixer
Member since Dec 2009
59323 posts
Posted on 11/29/19 at 6:56 am to
Just terminate her. You don't need a lawyer. This is also coming across very racist, fwiw.
Posted by lsufanintexas
Member since Sep 2006
5124 posts
Posted on 11/29/19 at 6:57 am to
Delete this lost and contact and employment lawyer. Honestly hiring an employment lawyer to protect my business was the best money I ever spent.
Posted by carhartt
Member since Feb 2013
8362 posts
Posted on 11/29/19 at 6:58 am to
You’re screwed no matter what happens. If you fire her you’ll get a discrimination lawsuit. If you keep her you’re stuck with a shitty employee.
Posted by Oilfieldbiology
Member since Nov 2016
42757 posts
Posted on 11/29/19 at 6:58 am to
Absolutely have someone else present, present the documentation for the reason of firing, and do it in as an emotionless way as possible.

Best of luck
Posted by dirtsandwich
AL
Member since May 2016
7474 posts
Posted on 11/29/19 at 6:58 am to
You have a lawyer, consult with him. I will never for the life of me figure out why people come to the OT for questions like this. And you have just made a public post, discoverable in any litigation, describing her race and gender as complicating factors.
Posted by arseinclarse
Member since Apr 2007
35469 posts
Posted on 11/29/19 at 6:59 am to
Offer her a severance package of ten Popeyes chicken sandwiches. You’ll be fine.
Posted by Lawyered
The Sip
Member since Oct 2016
38771 posts
Posted on 11/29/19 at 7:00 am to
*throwstablegif*

Posted by ntrcptr
Baton Rouge
Member since Nov 2009
672 posts
Posted on 11/29/19 at 7:03 am to
Fire that bitch and delete this post.
Posted by DiamondDog
Louisiana
Member since Nov 2019
13433 posts
Posted on 11/29/19 at 7:07 am to
(no message)
This post was edited on 12/17/21 at 9:10 pm
Posted by OweO
Plaquemine, La
Member since Sep 2009
122527 posts
Posted on 11/29/19 at 7:08 am to
If you have a reason then frick her. Use her to send a message.
Posted by baldona
Florida
Member since Feb 2016
24471 posts
Posted on 11/29/19 at 7:10 am to
quote:

You have a lawyer, consult with him. I will never for the life of me figure out why people come to the OT for questions like this


OP if it’s likely they will commit a fireable offense soon again, you may consider writing them up with a lot of documentation and a last warning. Maybe a day of unpaid leave as punishment or something of that nature.

The biggest mistake is not having clear documentation and text messages aren’t the Best as they are informal.

Finally, people act like all lawyers are giving slam dunk opinions. They aren’t. Generally lawyers opinions are to avoid a lawsuit at all costs. That it’s cheaper to avoid them then do what’s right and get sued.
This post was edited on 11/29/19 at 8:36 am
Posted by lsucoonass
shreveport and east texas
Member since Nov 2003
70130 posts
Posted on 11/29/19 at 7:10 am to
I don’t believe it
Posted by Bullfrog
Running Through the Wet Grass
Member since Jul 2010
61799 posts
Posted on 11/29/19 at 7:10 am to
Then he’d be facing sexual harassment as well.

He should not have sexual relations with that woman.
This post was edited on 11/29/19 at 7:11 am
Posted by lsucoonass
shreveport and east texas
Member since Nov 2003
70130 posts
Posted on 11/29/19 at 7:11 am to
Good luck firing an angry black woman
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