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re: Advice for Small Business owner terminating an employee

Posted on 11/29/19 at 9:32 am to
Posted by AlwaysPutsSeatDown
Member since May 2008
988 posts
Posted on 11/29/19 at 9:32 am to
Don’t fire for cause. “I’m going in a different direction”
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
260351 posts
Posted on 11/29/19 at 9:33 am to
quote:

My business lawyer is a good friend as well and my thoughts are to have him sit in on the termination. Thoughts? No pics, not that you would want them.


Absolutely have someone there with you as a third party. Easy answer.

That's just a modern reality.
Posted by 2geaux
Georgia
Member since Feb 2008
2603 posts
Posted on 11/29/19 at 9:35 am to
Document everything. Just do it!
Don't let fear paralyze you. If sister leaves, so be it. It will turn into cancer to let it simmer.
"Damn the torpedoes! Full speed ahead!"
Posted by CMBears1259
Baton Rouge
Member since Sep 2005
4023 posts
Posted on 11/29/19 at 9:40 am to
Business in Louisiana or an “at will” employment state?

EPLI insurance policy in place?

I’m not an attorney, but if you have good documentation I’d think you’re okay.

I would definitely not advise posting something like this in the future.
Posted by DeltaTiger14
Shangri La
Member since Nov 2015
163 posts
Posted on 11/29/19 at 9:42 am to
the previous owner basically promoted her to a position by default and she just doesn't have the skills needed. I tried to give her some coaching on things and it just doesn't "take". I should have cleaned house at the beginning. I own that mistake.
Posted by stout
Smoking Crack with Hunter Biden
Member since Sep 2006
167230 posts
Posted on 11/29/19 at 9:46 am to
quote:

Got the following advice many years ago. Served me well.

Unless she is stealing, begin the process as soon as possible.

1. Tell her that she will have time to find another job - 30 days should work.
2. Yell her to take time off for any appointment that will help her in her job search - she does not need any further permission to miss work for appointments of any kind.
3. Let her use any company copying and mailing supplies she may need for her job search.

Tossing them out the door is tempting, but the price to be paid down the road can be steep.



Probably the worst advice in this thread
This post was edited on 11/29/19 at 9:46 am
Posted by GreatLakesTiger24
One State Solution
Member since May 2012
55596 posts
Posted on 11/29/19 at 9:48 am to
Not a business owner and even I know that is r- word advice
Posted by JohnnyKilroy
Cajun Navy Vice Admiral
Member since Oct 2012
35313 posts
Posted on 11/29/19 at 9:52 am to
Sometimes I wonder why so many small businesses fail every year, but then I remember dumb fricks like OP run them and it starts to make sense.
Posted by DiamondDog
Louisiana
Member since Nov 2019
10564 posts
Posted on 11/29/19 at 9:54 am to
Probably should have laid off the entire workforce when you made the transition- if it was a small shop. The delays in uptime would have paid dividends a 1000 fold.

I’ve probably only hired 10 people in my life for professional positions.. 6 were black, 5 were female.

You really really have to read between the lines before you hire her. No offense but they’re either saintly employees who are invaluable or an anchor on your organization.. Hire good ones who are self motivated and have a reason to work.
Posted by Scooba
Member since Jun 2013
19999 posts
Posted on 11/29/19 at 9:59 am to
quote:

Don’t fire for cause. “I’m going in a different direction”


Why would he not? Sounds like he has supporting documentation and a solid case to avoid unemployment.
Posted by cave canem
pullarius dominus
Member since Oct 2012
12186 posts
Posted on 11/29/19 at 9:59 am to
quote:

Thoughts?




Where are you located would be the most important tidbit.
Posted by 75503Tiger
Member since Sep 2015
4184 posts
Posted on 11/29/19 at 10:04 am to
Hire slow, fire quick. Find good attitudes and teach them how to do the job.

To end this issue with her is not hard, no discrimination if the entire staff is same sex and race. Take a witness or two, tell her you need to change management in order to grow the business. Do not give her any specific instances where you were not pleased with her, just say generic things like “loss of confidence”. No more than three minutes then get up and disappear, let the witness walk her out. Have lawyer prepare paperwork for a small severance package if she signs the separation agreement. Done

If you fear mutiny then you are in trouble because the employees are in control of your business. You need to develop a plan ahead of starting to terminate.
Posted by Harry Morgan
Member since Sep 2019
9193 posts
Posted on 11/29/19 at 10:07 am to
Posted by NaturalBeam
Member since Sep 2007
14521 posts
Posted on 11/29/19 at 10:18 am to
quote:

Chinhoyang

is an attorney


NaturalBeam

Also an attorney.

And the disclaimer is dumb and unnecessary.
Posted by dirtsandwich
AL
Member since May 2016
5155 posts
Posted on 11/29/19 at 10:56 am to
quote:

How exactly are they going to get from this post to him for a civil suit? Interested in your thought process here.

If I were representing an employee, I would ask for non-privileged communications or notes made by management referring her job performance or the decision to terminate her. An objection to such a request is likely to be overruled if it comes in front of a judge. I think this post is responsive. Trying to hide it or not producing responsive documents would be unethical and simply wrong. Just because it is under a username here doesn’t make it unresponsive in litigation.

I’m probably more cautious than most people. Have seen some really smart people put idiotic things in writing.
Posted by Spasweezy
Unfortunately, Louisiana
Member since Jan 2014
6614 posts
Posted on 11/29/19 at 10:58 am to
Are you in Louisiana?
Posted by Bard
Definitely NOT an admin
Member since Oct 2008
51580 posts
Posted on 11/29/19 at 11:25 am to
Are you in La? Louisiana is an at-will state, meaning you don't actually need a reason to fire someone.

As long as you have good documentation, just go forward with it. Bring her in, tell her why you are letting her go and just do it. Be firm without being an a-hole, explain what was over the line and why. No matter how she reacts, stay calm. Have your lawyer friend sit in on this one.

Make sure you have already had her computer access (if applicable) terminated.

After she leaves bring her sister in and try an empathetic tone. If she's a good employee tell her so (she may be thinking she's next) and that she is in no danger. Explain to her that her sister's actions reflect only on her alone and you hope your having to fire her will have no impact on the relationship between the two of you. You may even offer her the day off (with pay) if she seems a bit emotional.

I would not have the lawyer friend sit in on the meeting with the sister. She's likely going to come in feeling scared and defensive, having two people looking at her is likely to make her feel like she's in trouble when she really isn't.
Posted by Mr Clean
Pit Bull Paradise
Member since Aug 2006
49183 posts
Posted on 11/29/19 at 11:46 am to
Coming to the OT for managerial advice?

Dumb AF
Posted by Flashback
reading the chicken bones
Member since Apr 2008
8312 posts
Posted on 11/29/19 at 11:48 am to
You can fire her in Louisiana for no reason.

Dont be a pussy..., be a boss.
Posted by DeltaTiger14
Shangri La
Member since Nov 2015
163 posts
Posted on 11/29/19 at 11:49 am to
The land mass between Louisiana and Alabama
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