is it within reason to fire someone on the spot for telling an asst.mgr. that they don't care about the job,that they could get fired and just draw unemp.? if that is how they really feel, then i do not want them serving my customers with that attitude,on the other hand when i am present,this attitude isn't there. i have had to talk to each before about work performance but that was corrected and no problems till now.one also stated that they wouldn't get fired cause asst.was scared of one of their family members.--could that be considered a threat? customer service these days is going downhill and i do not want that attitude serving the very person who pays our checks BUT neither do i want to pay unemp. help!! :confused:

You can fire someone at any time for any reason you see fit. Unless the employee is under a contract, employment is at-will and both parties are within their rights to terminate the employment at any time.

Termination under these circumstances is warranted. As already mentioned, employment is "at will" unless under an enforceable employment contract or collective bargaining agreement. The expections of providing "good" customer service and having a "positive" attitude are not unreasonable.

IMHO I would document misconduct prior to termination. This will be helpful should the employee attempt to file for UC benefits. Having documentation to back up "bad" behavior will ultimately come in handy for an employer who wishes to fight UC.

You should write up the employees for the attitude, and threatening demeanor, and in the write up, it should state that, if anything more is heard they will be let go. It may solve the problem right there, and if not, if they choose to do it again, you have at least a written warning, that you could show the UC. I don't know if that means they will not get unemployment, but the chances will be better that they won't, if you do this first.

thanks so much for the advice. i ended up suspending them for 3 days. two apologized for behavior, the third one still seemed unconcerned and showed no signs of wanting to do better. i'm sure i will end up having to terminate her but ---it's documented. THANKS :D

For purpose of possible contesting any claim for unemployment in the future, there are a few things to keep in mind.

Be sure to follow a uniformed progressive discipline policy ... if you have a handbook it is preferable to follow one that is outlined therein.

When documenting discipline, do so in the presence of another such as an assistant manager in order to avoid he said/she said scenarios.

Get the employee to sign the progressive discipline even if he/she does not agree with it, but rather to acknowledge that he/she received it. If he/she refuses to do so, then make a note of that and have it signed by the observer.

Perhaps most important, follow up as stated in the progressive discipline. In other words, if it states that this is a final warning and any further incidents will result in termination, then do so. If you as the employer back off and continue to give last chances, then it is a more difficult argument to make that the employee knew his/her job was in jeopardy.

RJC said to have someone else present when a disciplinary notice is given, so then you have witness to what you said, and the persons response. It is also advisable to ask the person to sign it. If the person refuses to sign it, it doesn't really matter, that is what a witness is for, and it doesn't change any facts of the notice, but it is always nice if they do sign it. :) My boss has her assistant there, for any actions taken against a worker, then you also have two opinions on the rebuttal statement that the person says as a result of the notice. The way my work does it is, a verbal warning first, then a final notice with a suspension (or it says possible suspension), then termination. They have someone even sign a paper stating that a verbal warning was given. Good luck to you!

I would also document the comment about getting fired to collect UC. The state is not amused by those who go out of their way to be fired so they can be paid to not work. If anyone else was present at the time the statement was made, have them document it as well.

I would also document the comment about getting fired to collect UC. The state is not amused by those who go out of their way to be fired so they can be paid to not work. If anyone else was present at the time the statement was made, have them document it as well.
Very good point indeed ElleMD!