kennan
04-06-2008, 01:15 PM
I have recently found out that that employees working for my mother have been robbing her blind for years. So far, I've found that there's over $350,000 plus that can't be accounted for and the business is in extreme debt and failing. Had I not stepped in the door would closed abruptly and she would need to claim bankruptcy.
Can I legally shut down operations by reason of restructuring and dissmiss all the employee mainly because there's no money to pay them next month; they stole it all.
I want to fire all 10 employees; but I can't afford to pay UI insurance to these dirtbags. The economy is really bad here, any knowledge from MI business owners?
First of all, what is your position in the business?
Secondly, do you have proof that all ten employees were involved? Or only some or them? Or none of them?
I'm not necessarily talking about proof that will hold up in a court of law, but at least some documentary evidence that supports your allegations. (I'm not saying you're wrong - there is a purpose behind both questions - your answers will affect my next suggestions.)
kennan
04-06-2008, 02:25 PM
I'm her son and 45% share holder. They were all involved (video/audio surveillance). Until I arrived it was a free for all without a care in the world and very blatant. Can I fire them? Not interested in Law enforcement and prosecution at this point.
ScottB
04-06-2008, 03:02 PM
Can I fire them?
Given that employment is at will, sure, you can do that. Your unemployment premiums won't go up all that much, even if all ten ride the system to the maximum. If it did, it would be more than offset by the tens or hundreds of thousands stolen on an annual basis.
Yes, you can fire them.
If you have proof of their involvement in the thefts, I would not expect them to get unemployment, though stranger things have happened. Theft is certainly misconduct, and misconduct is a disqualifier for benefits.
rtalber1
04-07-2008, 05:44 AM
I would suggest if the theft is blatant, that you prosecute every one of them; don't fire them and allow them to do this somewhere else. They deserve it without question.
Firing and prosecuting are not mutually exclusive; it's possible to do both.
Why in heavens name would you keep an employee on while you're prosecuting them? That just doesn't make sense.
cyjeff
04-07-2008, 09:40 AM
For me, firing is a foregone conclusion.
Fire them. But have fun with it. Call the police and have all of them arrested tomorrow. Then, present them with the civil suit you are going to file with each and every one of them to recoup the funds.
Triple threat. No job, a criminal arrest and a civil suit which, if properly worded, should have all of them selling every possession they own.
Lawyers are salivating waiting for your call.