Announcement

Collapse
No announcement yet.

Conflict of Interest? Florida

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Conflict of Interest? Florida

    Hello. I run a store chain that employs a couple hundred people. It has come to my attention that one of my employees works part time as a sales rep for one of my suppliers biggest competitors. It was also brought to my attention that my employee has been bad mouthing the supplier we do business with in an attempt to open new accounts on behalf of my suppliers competition. The challenge we face is that this employee is beloved by her coworkers, few of which who feel her duel relationship between our company and our suppliers competitor is a problem. My heart wants to keep her, as my gut says this could set a precedent for bigger problems to come if we do not take action and do something. Would someone please shed some light. Please advise. Thanks.

  • #2
    Have you talked to her directly about this? If not, that's your first step. If so, what did she say about it?

    Do you have any policies about moonlighting or second jobs?

    Personally, I'd be inclined to tell her that if the rumors are true, the behavior has to stop, and if it does not, she will be out of a job.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      Originally posted by cbg View Post
      Have you talked to her directly about this? If not, that's your first step. If so, what did she say about it?

      Do you have any policies about moonlighting or second jobs?

      Personally, I'd be inclined to tell her that if the rumors are true, the behavior has to stop, and if it does not, she will be out of a job.
      We do have a conflict of interest policy. However the fellow employee sentiment is to reinterpret it in a light for her to keep her job.

      We addressed this issue 6 months ago and I was assured it was handled. It was only when the rumors started that I chose to reopen the investigation. Not to mention it is straining relations with my supplier as the rumors naturally upset them. I am also worried as to what kind of message this would send to our other suppliers should we keep her on.

      Another concern I have is legally in regard to potential / possible issues / risk exposure that can arise with current and former employees should we leave the matter at another "talk" / "slap on the wrist". We've been around for a while and had 100's of employees pass through our doors and not everyone left on the best of terms.

      Comment


      • #4
        Honestly, if you have addressed it before and it is re-occurring, she needs to go. When we've encountered this issue, we've given the employee the choice of quitting the other job or being terminated from ours. They make the choice at that time. We've had to terminate. It's not always about whether co-workers understand or not. If she is beloved, they can meet her and have lunch when they are off work.

        You may have some other turnover if she takes a few employees with her, but that is better than her working from the inside to destroy your supplier and possibly your store(s)

        Comment


        • #5
          I'd like to address this a bit more directly.

          Can you please identify expressly what legal issues with other employees you are concerned about? I want to make sure we're both on the same page before I do.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

          Comment


          • #6
            Originally posted by cbg View Post
            I'd like to address this a bit more directly.

            Can you please identify expressly what legal issues with other employees you are concerned about? I want to make sure we're both on the same page before I do.
            The legal situations that could potentially creep out of the wood work from soft action. For example if we just gave her a slap on the wrist, then perhaps a former employee comes back with a lawsuit claiming they were unfairly treated in light the way we handled her situation. Creative lawyers and legal teams are abundant in my neck of the woods.

            Comment


            • #7
              An action does not become illegal retroactively because of actions taken later. If any other terminations were legal at the time they were accomplished, nothing you do in this instance will change that. Not to mention the fact that they don't get to take legal action for "unfair treatment"; only for illegal treatment.

              However, given the additional information you've provided, I think you'd be foolish - well, call it idiotic - to do anything but fire her, no matter how "beloved" she may be. You told her to stop, she didn't. You don't take action now, you've taught not only the employee in question, but all the other employees too, that no matter how egregious their actions, there won't be any consequences worth worrying about.
              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

              Comment


              • #8
                Originally posted by cbg View Post
                An action does not become illegal retroactively because of actions taken later. If any other terminations were legal at the time they were accomplished, nothing you do in this instance will change that. Not to mention the fact that they don't get to take legal action for "unfair treatment"; only for illegal treatment.

                However, given the additional information you've provided, I think you'd be foolish - well, call it idiotic - to do anything but fire her, no matter how "beloved" she may be. You told her to stop, she didn't. You don't take action now, you've taught not only the employee in question, but all the other employees too, that no matter how egregious their actions, there won't be any consequences worth worrying about.
                Like button.

                Comment


                • #9
                  Originally posted by eerelations View Post
                  Like button.
                  I appreciate all the feedback. Thank you!

                  Comment


                  • #10
                    Agree 100% with cbg. I'm dealing with a sort of similar situation, and if it was up to me the person would have been fired instantly. Instead, the owner has lost a great deal of respect from all the rest of the staff for turning a blind eye to this. I wouldn't have given her the 2nd chance, personally. When someone is actively harming your business relationships, they are not an employee you want.

                    Comment

                    Working...
                    X