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Started By
Message
1
Posted on 11/29/19 at 2:08 pm to DeltaTiger14
I see that you are saying you have messages back and forth and proof of insubordination. That said, if you haven’t already you need to have a corrective action or write up done with details of the issue you are having, and a plan for her performance to improve.
That’s a big step that must be taken prior to termination unless a crime has been committed.
Usually once you have completed that step, they start looking for something else and end up quiting.
If not, the next time they screw up, you can terminate with plenty of backup showing that you gave the employee every opportunity to correct the issue.
That said...consult a labor attorney prior to doing anything. No one needs an EEOC claim.
That’s a big step that must be taken prior to termination unless a crime has been committed.
Usually once you have completed that step, they start looking for something else and end up quiting.
If not, the next time they screw up, you can terminate with plenty of backup showing that you gave the employee every opportunity to correct the issue.
That said...consult a labor attorney prior to doing anything. No one needs an EEOC claim.
Posted on 11/29/19 at 2:59 pm to Pandy Fackler
quote:
It's not a "dramatic take" at all. False allegations of racism have intimidated HR departments all over the country, to the point where there are "off the record" policies when it comes to the firing threshold between blacks and whites. The threshold for firing blacks is higher, it just is.
Maybe at some places, but not at all..
I used to work with this dude, he was a safety manager.. A real dumbass. He was a white dude.. He became good friends with this black girl who worked in his department. Evidently there was a girl who worked in another department who used to be a stripper and he got pictures of her.. He even showed me one of her on stage, but he also had a topless picture of her.
The white dude and black girl who became friends got into a heated argument and she was pissed at him. She claimed he had sexually harassed her and that he had nude pictures of am employee on his computer. They check his computer and he had all kind of porn on his computer. He got fired. Then the next day the fired the black chick. They didn't need a reason to fire anyone. It was a project so they were hiring and firing all the time. She tried to take some type of legal action claiming she was sexually harassed (technically she was, but she flirted back with the dude so it just escalated). Anyway, nothing ever became of it.. Just make sure to CYA.. Cover your arse..
Any employee could get pissed and attempt to sue. Just make sure you are doing it legal and that she doesn't have anything that can be used against you.
Posted on 11/29/19 at 3:37 pm to DeltaTiger14
It is your business. You don’t need a lawyer just tell her she s being terminated. If you don’t want a dispute let her collect unemployment benefits while looking for a new job.
Posted on 11/29/19 at 4:34 pm to DeltaTiger14
Louisiana is an “at will” state which means they can let you go anytime for any reason without consequence.
The only thing she might go after is unemployment and you’ll be paying for it. At that point in time you need official documentation to say you terminated her due to policies she broke.
The only thing she might go after is unemployment and you’ll be paying for it. At that point in time you need official documentation to say you terminated her due to policies she broke.
Posted on 11/29/19 at 4:39 pm to TigerGM
quote:
The only thing she might go after is unemployment and you’ll be paying for it. At that point in time you need official documentation to say you terminated her due to policies she broke.
The unemployment is already paid into and it’s not refundable. I’ve terminated employees and allowed them to collect unemployment benefits just to make it an easier transition for both of us.
Posted on 11/29/19 at 4:40 pm to Martini
quote:
The unemployment is already paid into and it’s not refundable
I’m sure you’re an expert in this since you live off the government and collect welfare checks every month.
Posted on 11/29/19 at 4:46 pm to DeltaTiger14
I needed to fire one a while back. Called our lawyer to just cover my bases.
Questions went like this:
How old? 40
Black? No they are white
Woman? No a man
Fire em
Questions went like this:
How old? 40
Black? No they are white
Woman? No a man
Fire em
Posted on 11/29/19 at 5:05 pm to TigerGM
quote:
Louisiana is an “at will” state which means they can let you go anytime for any reason without consequence.
Sounds good, but every company I've worked for required documentation of issues and counseling. They also want to see a pattern of behavior they can point to if/when the lawsuits come. So, I hear what you're saying, but apparently litigation is still an issue.
Posted on 11/29/19 at 5:56 pm to DeltaTiger14
I work in a high grossing hood work place where black chicks are fired frequently. The race card is rarely pulled believe it or not. Usually people know they deserve it.
Posted on 11/29/19 at 5:57 pm to Vastmind
Also if you fire her she can collect unemployment which they like usually.
Posted on 11/29/19 at 6:23 pm to DeltaTiger14
Fire her then PIIHB
Posted on 11/29/19 at 8:46 pm to Lasix
quote:
Right to work state means no reason needed in termination. Just have someone else there when you notify her.
Wrong.
It means you can't be required to join a union as a condition of employment.
Posted on 11/30/19 at 2:26 am to DeltaTiger14
quote:
The land mass between Louisiana and Alabama
Then give no reason and make no comment other than you are fired.
If anyone ask either no comment or you did it because you wanted to and leave it at that.
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