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Message
re: Advice for Small Business owner terminating an employee
Posted on 11/29/19 at 8:09 am to ecb
Posted on 11/29/19 at 8:09 am to ecb
quote:
You should never bring. Serious matters here, ask professionals
I’m going to assume you won’t be a candidate for this upcoming job opening based upon your grammar/communication skills.
1
Posted on 11/29/19 at 8:12 am to Shepherd
quote:
En Trap Ment
While legally correct, it is so fricking stupid. If someone chooses to do something that is wrong, it should always be on them. No matter if whatever it is, is put out there. Love our legal system and lawyers
This post was edited on 11/29/19 at 8:13 am
Posted on 11/29/19 at 8:14 am to TDsngumbo
I think OP is over thinking this, this is not a huge deal, pc police has got everyone so paranoid about catering/kowtowing to blacks so it's understandable, just stay within HR guidelines and be businesslike about it, you really don't have to provide a whole lot of info to the person being terminated, particularly in a private company
Posted on 11/29/19 at 8:17 am to 777Tiger
I would still be more cautious than not with this particular situation. Not worth not taking extra steps to protect OP’s livelihood.
Posted on 11/29/19 at 8:17 am to Buckeye Jeaux
You never"future fire" an employee. When it is time to terminate an employee, you show them the door that day. This is also true when a troublesome employee gives two weeks notice. You allow that troublesome employee to leave the day he gives notice. You need to give them pay for the two weeks, otherwise, it will be treated as a firing for unemployment purposes.
I always try to mention the problems associated with future firing when I speak at employment law seminars.
This post does not constitute legal advice that you should seek counsel concerning the problem you described in your opening post.
I always try to mention the problems associated with future firing when I speak at employment law seminars.
This post does not constitute legal advice that you should seek counsel concerning the problem you described in your opening post.
Posted on 11/29/19 at 8:24 am to KillTheGophers
quote:
Downsize - eliminate the position
If let go without cause they can file unemployment. Sounds like OP has cause.
Posted on 11/29/19 at 8:26 am to dirtsandwich
quote:
And you have just made a public post, discoverable in any litigation, describing her race and gender as complicating factors.
This guy isn’t posting under his name. His business name isn’t listed. His facts are pretty general. This isn’t some criminal offense where they are going to seize his hard drives and forensically search his IP address. How exactly are they going to get from this post to him for a civil suit? Interested in your thought process here.
Posted on 11/29/19 at 8:27 am to TDsngumbo
rom
agree, but I don't see this(just from info provided,) as being the minefield that he's thinking he's wading into, as someone pointed out, lawyers aren't necessarily going to give him a slam dunk/silver bullet strategy but it would be worth getting some advice from an attorney with expertise in this area to make sure he's got is dotted and ts crossed
quote:
I would still be more cautious than not with this particular situation. Not worth not taking extra steps to protect OP’s livelihood.
agree, but I don't see this(just from info provided,) as being the minefield that he's thinking he's wading into, as someone pointed out, lawyers aren't necessarily going to give him a slam dunk/silver bullet strategy but it would be worth getting some advice from an attorney with expertise in this area to make sure he's got is dotted and ts crossed
This post was edited on 11/29/19 at 8:44 am
Posted on 11/29/19 at 8:29 am to chinhoyang
quote:Good thing you posted this. I’m sure he really had a good faith belief he was in a representation relationship with a poster named Chinhoyang on an anonymous message board.
This post does not constitute legal advice that you should seek counsel concerning the problem you described in your opening post.
Posted on 11/29/19 at 8:30 am to NaturalBeam
quote:
ood thing you posted this. I’m sure he really had a good faith belief he was in a representation relationship with a poster named Chinhoyang on an anonymous message board.
People are idiots. Treat them as such.
Posted on 11/29/19 at 8:33 am to DiamondDog
Right to work state means no reason needed in termination. Just have someone else there when you notify her.
Posted on 11/29/19 at 8:34 am to DeltaTiger14
quote:
I am the only man in the clinic and all my workers are female African Americans. To complicate things further, this lady has a sister that works for me too.
quote:
Delta
Posted on 11/29/19 at 8:34 am to DeltaTiger14
If you are a male and she’s a female you should have a witness (or two) attend the termination meeting. If this is in Louisiana you don’t need a reason to terminate. Call them in let them know you’re going in a different direction and that their services are no longer needed. If your business has separation papers be very specific about why they are being TERMINATED. DONT soft pedal the issue and issue an ROF.
Make the meeting short and sweet and don’t get into a lot of discussion justifying your reasons.
You’ll want the witnesses there to ensure the former employee doesn’t come back and accuse you of things like refusing sexual advances cost her the job, etc. based on your info, you should probably use 2 witnesses that you trust to tell the truth later if needed. She will probably file a complaint with the dept of labor claiming racism, etc but have your reasons for termination we’ll documented and you’ll be fine.
Make the meeting short and sweet and don’t get into a lot of discussion justifying your reasons.
You’ll want the witnesses there to ensure the former employee doesn’t come back and accuse you of things like refusing sexual advances cost her the job, etc. based on your info, you should probably use 2 witnesses that you trust to tell the truth later if needed. She will probably file a complaint with the dept of labor claiming racism, etc but have your reasons for termination we’ll documented and you’ll be fine.
Posted on 11/29/19 at 8:37 am to DeltaTiger14
quote:
all my workers are female African Americans.
quote:
One of the workers has crossed a line that cannot be undone with her attitude and insubordination
Imagine that.
Posted on 11/29/19 at 8:37 am to NaturalBeam
quote:
Chinhoyang
is an attorney
Posted on 11/29/19 at 8:39 am to DeltaTiger14
Fire her don’t let her hang around. If her sister gives you problems fire her too. You might be sued but as long as you have reasons why it won’t be bad.
If you let her hang around the lawsuit might be worse. You own your business cut the dead weight.
If you let her hang around the lawsuit might be worse. You own your business cut the dead weight.
Posted on 11/29/19 at 8:46 am to NaturalBeam
A lawyer is ethically obligated to post that disclaimer.
Also, the advice given on employment threads is generally bad advice.
Also, the advice given on employment threads is generally bad advice.
Posted on 11/29/19 at 8:49 am to lsucoonass
I know you have a business to run, but not ideal time for firing people. Hopefully she won’t go postal on you.
Posted on 11/29/19 at 9:14 am to Bullfrog
quote:This.
Never allow a lame duck employee to remain. They will do more damage to morale and potentially to clients.
Plus they no longer identify their own success being in alignment with the success of your company.
Escort her off the premises immediately.
If you’ve presented the truthful scenario and you’re in LA, MS, or AR and she’s non-union, you’ll be OK.
Have your lawyer sit in, make it short and sweet.
Posted on 11/29/19 at 9:31 am to dirtsandwich
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. And you have just made a public post, discoverable in any litigation, describing her race and gender as complicating factors.
People are stupid. This is known.
I'd videotape the firing, too. Either you'll need it to defend yourself in the inevitable lawsuit or you can get it on Ridiculousness.
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