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Thread: Alabama -Laws on paying an employee while he is at work.

  1. #31
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    Quote Originally Posted by DAW View Post
    It does raise the question however, did people become telemarketers because they use drugs or do they use drugs because they became telemarters?
    Is that sort of like which came first - the chicken or the egg?
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  2. #32
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    Quote Originally Posted by DAW View Post
    Although if true, it does explain some things. It does raise the question however, did people become telemarketers because they use drugs or do they use drugs because they became telemarters?


    Well I became a telemarketer because at 16 it paid better then my other options and I stayed in it because I kept getting promoted. However, a lot of people get into telemarketing because they can't get hired at other jobs...cant pass drug tests, too many visible tattoo's or piercings, dropped out of school, etc. It's one job that has low qualifications and low expectations (other then production of course), but can pay really well if you are good at it.

    My best employee makes 30k a year working 25 hours a week. He has been in prison, can't pass a drug test, is very confrontational, says exactly what he is thinking and does not care who it offends. Yet he is my most dependable and productive employee. Someone most companies would not look twice at I make a ton of money with having on my staff.

  3. #33
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    Quote Originally Posted by DAW View Post
    Although if true, it does explain some things. It does raise the question however, did people become telemarketers because they use drugs or do they use drugs because they became telemarters?
    Good question

  4. #34
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    Quote Originally Posted by kyleax1 View Post
    Well I became a telemarketer because at 16 it paid better then my other options and I stayed in it because I kept getting promoted. However, a lot of people get into telemarketing because they can't get hired at other jobs...cant pass drug tests, too many visible tattoo's or piercings, dropped out of school, etc. It's one job that has low qualifications and low expectations (other then production of course), but can pay really well if you are good at it.

    My best employee makes 30k a year working 25 hours a week. He has been in prison, can't pass a drug test, is very confrontational, says exactly what he is thinking and does not care who it offends. Yet he is my most dependable and productive employee. Someone most companies would not look twice at I make a ton of money with having on my staff.
    Someone who is very confrontational and says what he thinks is a good telemarketer? This explains why telemarketeers have such a bad reputation.

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    A few points to mention:

    I would never change my timekeeping practices companywide just to put a stop to the antics of one or two trouble-makers. Instead, consider taking the courageous path of a manager who addresses the trouble-maker in the manner he deserves.

    The people who know they are adding to the bottom line and thus can get away with breaking the rules will never follow the rules, no matter how much you design the rat maze to push them that way.

    Your most productive employee is creating problems for the team by behaving like the rules don't matter. And he's not even there full-time! Trust me, the team has noticed the special treatment he is getting.

    Bothering the company attorney with a question about wage & hour issues is exactly why you have a company attorney. Yes, it's expensive to talk to them. But I guarantee you, it is far more expensive to be sued for wage & hour issues.

  6. #36
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    Quote Originally Posted by J.J. Brown View Post
    Your most productive employee is creating problems for the team by behaving like the rules don't matter. And he's not even there full-time! Trust me, the team has noticed the special treatment he is getting.
    This is incorrect, he doesn't cause me any problems. I was just using him as an example

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    Well I fired the 2 trouble makers...and of course before they left they were talking about all the lawsuits they are going to file.

    Unfair Termination- which won't stand in Alabama
    Verbal Sexual Harassment- One says I told her to F off one day, which I didn't. So I'm not sure where that would go. She will find disgruntled ex-employees to testify that I said it and I will have current employees and other ex-employees that say I didn't.
    Verbal &/or Physical Sexual Harassment- On other personnel that are employed at the company, neither of which I could see actually sexually harassing anyone.
    Soliciting Drugs to an employee- against me, which I didn't do, but it's not going to keep her from saying I did. That will simply be my word against hers.


    I knew firing these guys would be trouble and here comes the fire storm

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    Quote Originally Posted by kyleax1 View Post
    Well I fired the 2 trouble makers...and of course before they left they were talking about all the lawsuits they are going to file.

    Unfair Termination- which won't stand in Alabama
    Verbal Sexual Harassment- One says I told her to F off one day, which I didn't. So I'm not sure where that would go. She will find disgruntled ex-employees to testify that I said it and I will have current employees and other ex-employees that say I didn't.
    Verbal &/or Physical Sexual Harassment- On other personnel that are employed at the company, neither of which I could see actually sexually harassing anyone.
    Soliciting Drugs to an employee- against me, which I didn't do, but it's not going to keep her from saying I did. That will simply be my word against hers.


    I knew firing these guys would be trouble and here comes the fire storm
    And how was keeping them on working out for the company? Ex-employees always talk trash and threaten, then they get laughed at by people who know the law. Forget about them and be sure your records are up to date.
    Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

    I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

  9. #39
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    Unfair Termination- which won't stand in Alabama Won't stand in 49 out of 50 states, and given the specific circumstances here I'm not at all sure it will stand in the 50th.

    Verbal Sexual Harassment- One says I told her to F off one day, which I didn't. So I'm not sure where that would go. She will find disgruntled ex-employees to testify that I said it and I will have current employees and other ex-employees that say I didn't. Even if you did say it, and I"m not saying you did, this would not be enough to support a sexual harassment claim.

    Verbal &/or Physical Sexual Harassment- On other personnel that are employed at the company, neither of which I could see actually sexually harassing anyone. If it wasn't reported at the time, it didn't happen. Claims of harassment that are not reported until after the alleged victim is fired are always suspect.

    Soliciting Drugs to an employee- against me, which I didn't do, but it's not going to keep her from saying I did. That will simply be my word against hers. Again, without some solid and convincing proof, a claim that wasn't made until after she was fired is going to be looked at askance.

    Don't lie down and assume you're dead before you actually get served. It's very easy for a fired employee to threaten all the suits they're going to file; it's not so easy to get them filed.
    Last edited by cbg; 03-13-2012 at 05:41 AM.
    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.

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    I was at an EEOC hearing a few months ago. The hearing officer asked my ex-employee if he had an attorney. The ex-employee said no but I am getting one this week. The hearing officer replied I hear that a lot but it rarely happens.

    This is true for most ex-employees. They are mad and think that lawyers will be lining up to take their case for a cut of the win. Ex-employees don't realize that a lawyer will only do that in a case with strong evidence and deep pockets. Not much good getting a judgment that can't be satisfied.

    When an employee (or ex-employee) says this I tell them to have any paperwork sent directly to my office so it can be handled. It is part of buisness and I don't worry until I see the paperwork in front of me.

  11. #41
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    Firestorm? Ha! You must not have fired anyone before. They *always* say this.

    First things first - firing the troublemakers sends a message to the rest of the team. Maybe some of them were picking up their slack, and they're elated to have them gone - they will look at you with newfound respect. It also tells the team what kind of behavior you won't tolerate. Stick with that pattern. So you've done a good thing for the company, to improve morale and set expectations. Letting people like that go can be a real breath of fresh air to the people still there, who just want to do their jobs without all the chaos.

    The terminated employees can threaten lawsuits all they want. Lawyers will not take a case where a single instance of cursing is the basis for their entire sexual harrassment claim - especially a claim that was never reported to the company! Asking someone for drugs - again, no lawyer takes it, especially without proof (emails, chats, texts, phone logs, witnesses).

    Unfair/illegal termination is when you fire someone on the basis of a protected class, such as gender, race, religion, etc. You fired them for attendance issues and performance problems. The terminated employees might think it's unfair to lose their jobs and thus want to sue - or "other people have done the same things we have, and they haven't been fired!" - many people have that wrong perception of what it means. But their terminations are not illegal, and definitely not the basis for a lawsuit.

    If they are reporting harrassment from other employees, it may seem like a baseless bunch of hooey, but notify the HR team and let them do the due diligence. Independent investigation, interview every person they mentioned, follow up all the angles, and make sure there's nothing to it. With as many issues as you mentioned having with your employees' backgrounds, maybe you will find something you want to fix.

    I have to say, it was a good update to read that you had fired the troublemakers. Good luck to you, let us know if there's anything else we can help with.

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    Quote Originally Posted by J.J. Brown View Post
    You must not have fired anyone before. They *always* say this.


    I've fired plenty, most were not irate or vengeful. This is my first experience terminating anyone that is not as simple as terminating then denying unemployment.

  13. #43
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    Well, to be honest, you don't get to deny unemployment. You can contest, and there's no reason not to. But only the state makes the final decision.
    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.

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    Quote Originally Posted by cbg View Post
    you don't get to deny unemployment. You can contest, and there's no reason not to. But only the state makes the final decision.

    That's what I meant

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    Besides, he charges $350 an hour and you folks are free! LOL!
    Free advice is worth exactly what you pay for it.

    Or as the late Alan Sherman put it
    "Good advices costs nothing and is worth the price".
    or after the advice that didn't work
    "Bad advice costs just the same as good advice"
    Pat, EA in NC
    Circular 230 Disclosure: This advice is not intended or written to be used, and it cannot be used by a taxpayer for the purpose of avoiding penalties that may be imposed on the taxpayer.

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