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salaried employee Delaware

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  • salaried employee Delaware

    I have my own business and pay our Program Director a yearly salary. We are open Monday-Sat and closed on Sundays. The Program Director constantly complains about having to work "on weekends". The Program Director also counts her hours each week...and will not work over 40. What do you suggest I do about this?

  • #2
    Fire her and hire someone who is willing to accept the realities of business.
    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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    • #3
      I agree. What is your background? I just want to make sure that I have a legal right to fire her based on her counting hours...literally.

      Comment


      • #4
        I have 26 years experience in Human Resources; currently own an HR consulting firm; write a weekly column on HR practices for a nationally distributed newsletter. I can point you at an employment attorney who has publically stated that he would be willing to put his own reputation on the line based on my knowledge of employment law.

        Delaware is an at will state. You can fire her for any reason not specifically prohibited by law. I can assure you that no state prohibits an employer from firing an employee who refuses to work over 40 hours a week. But if you want more reassurance, feel free to contact a local employment attorney or call the Delaware DOL.
        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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        • #5
          Thank you so much for your response. I am going to let her know that she can be hourly if she wants to continue counting her hours and complaining about working one or two Saturdays a month. In the meantime, I will be looking for someone to replace her. Thanks again!

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          • #6
            I would stay away from the first half of that conversation.

            Look for someone else and then fire her. You do not need to give her a reason but, if you must, tell her that you told her in the interview that Saturdays were part of the job and you were sick of hearing her complain.

            I have worked with a vast number of retailers over the years and you would be surprised how many floor folk don't understand the realities of weekend sales.
            Not everything that makes you mad, sad or uncomfortable is legally actionable.

            I am not now nor ever was an attorney.

            Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

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            • #7
              I agree with Jeff.
              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
                Okay. I think I am too nice. I work Saturdays, too. My business partner does, too. We definitely show our staff that we appreciate them and will pretty much let them have off any time they need. Everyone keeps asking me why the owner works herself so much.
                I have 28 employees and the Program Director is the only salaried employee. She has talked her way into a lot of extra perks and out of a lot of work and actually needs to be fired just because of that. The only problem is that have a business partner who may not agree with me. I am the "stickler" and she is the "push over".

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                • #9
                  You do not need a reason to fire her.

                  You simply cannot fire her based upon some reason prohibited by law (I see no indication that this is the case).

                  The pushover partner and you need to have a heart-to-heart talk about the real costs of keeping this person on board and/or tell the employee that the job is more than a nine to five, five day a week job.
                  Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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                  • #10
                    Everything you have stated indicates that firing this person would be completely legal and justified.
                    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


                    • #11
                      If your business partner does not agree with termination, I would suggest taking her to an hourly pay position. When she does not work 40 hours, dock her!! See how she likes that.
                      Amateurs built the Ark, Professionals built the Titanic

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