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Need help with firing my employees: Virginia

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  • #46
    joe,

    That's bad, AND WRONG, advice. Acting in concert DOES NOT apply to illegal activities. They were in posession of STOLEN PROPERTY. They were not attempting to discuss some sort of workplace condition, they were trying to worm out of what they had done.

    Comment


    • #47
      They were fired one at a time. For cause.
      Again, what would your defense be? They had refused to do their jobs and withheald company funds.

      Comment


      • #48
        And until I am given express legal notification that not only have the employees decided to barter en mass but to also vote in, through an impartial and legal vote, Daddy as their spokesperson, I don't have to listen to a word Daddy says.....

        Daddy can't just show up and demand to speak for everyone... because not everyone may believe that Daddy will act in their individual best interest.

        If you insist on the legalities of unionization to make sure that thefts are now a protected class, then if one falls they all fall.

        I think you are on dangerous ground.
        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.

        Comment


        • #49
          Originally posted by HR/DisMgr View Post
          You did a great job. Not always easy, but at least you have your integrity intact. There is only one thing that I would have done differently:



          If we have someone refuse to sign, we write "refused to sign", and then ask them (sweetly) to initial it to verify that they refused to sign the document. Their initials have the same force as their signature and they all buy it. I have never had anyone refuse to initial. Then if you need the document for UI or other purposes, it has more validity.
          Thanks for your positive feedback.

          The form indicates the following:

          Acknowledgement of Receipt of Termination of Employment
          By signing this form, you confirm that you understand the information in this document terminating your employment with (company name). Signing this form does not necessarily indicate that you agree with this warning.

          Employee Signature

          Manager Signature

          Witness Signature (if employee understands warning but refuses to sign)

          Comment


          • #50
            Originally posted by GotSmart View Post
            They were fired one at a time. For cause.
            Again, what would your defense be? They had refused to do their jobs and withheald company funds.

            EXACTLY!

            Regardless of whether I had advice here to not speak to their parents, it's common sense (to me) that I don't have to participate in additional unprofessional acts by either employee. Calling Daddy to fix it for her wasn't on my list of things to entertain. They are both over the age of 18 and need to stand on their own two feet, facing the consequences of their actions. The consequence of theft and blatant insubordination resulted in getting FIRED.

            Comment


            • #51
              So far Joe is the only one that does not think you had cause.

              You hired the kids, not mommy or daddy. I always prefer to deal with the one I have a contract with. It somehow seems to be the thing to do.

              Comment


              • #52
                Sometimes I wonder if Joe actually believes what he says or just posts his outlandish opinions to cause the very reaction he usally obtains.

                If it is the latter, he reminds me of my dad who loved to have a lively discourse. Dad would stand on either side of an issue to get us to be able to intelligently expound and support our belief. (Thank you Dad!)

                However, if it is the former, it is a sad reflection on his perception of society and the workplace. Not every employer lies, cheats, steals, badgers, or otherwise treats their employees in an untoward manner. I work very hard to make all of my employees feel that we respect them, and wouldn't be successful without them. I know that I am getting that message across...my w/c litigation rate is less than 2%

                From my time on this site, I know that my colleagues here have similar guiding priniciples. It's too bad that Joe doesn't or won't see this.

                Anyway, just some Friday morning thoughts.

                Comment


                • #53
                  I consider the offenses they were fired for to be major...not petty issues. If I were to get upset and fire employees over petty issues, I would have no employees.

                  Although Joe is entitled to his opinion, I beg to differ on his view of what "cause" would be in his book. The work rules are very clear and they broke them...and the law...not a good combination.

                  I never questioned if I had the right to fire them. I just needed to make sure I did it properly.

                  Comment


                  • #54
                    I concur theft is not a petty issue. I thought the situation was dealt with well and in a professional manner good job!
                    http://www.parentnook.com/forum/

                    Comment


                    • #55
                      I never questioned if I had the right to fire them. I just needed to make sure I did it properly.


                      Have they been back?

                      I think that one worked.

                      You could write a book. (But who would believe it?)

                      Comment


                      • #56
                        That's funny you should say that. I have often joked about writing a book on the adventures of running the business. LOL Between clients and employees, I have a lot of material to gather for entertainment purposes.

                        I believe it is all resolved, though I did find out that one was calling my existing employees at home to stir up some conflict regarding their last paycheck. They were told in writing and verbally that their last check would be mailed no later than May 2nd. On May 2nd I sent their checks via certified mail. One of them assumed they would receive their check by the 2nd so I told her that she assumed incorrectly. They have both signed for their checks and all is now quiet.

                        Comment


                        • #57
                          Originally posted by panther10758 View Post
                          I concur theft is not a petty issue. I thought the situation was dealt with well and in a professional manner good job!
                          Thanks. I had a little help, which I appreciate. I am not in the habit of firing anyone so I don't have much "practice" with it. It was nice to come here and get such thorough and professional advice.

                          Comment


                          • #58
                            Originally posted by StrugglingForAnswers View Post
                            That's funny you should say that. I have often joked about writing a book on the adventures of running the business. LOL Between clients and employees, I have a lot of material to gather for entertainment purposes.
                            Make sure to change the names. Otherwise you might be asking Joe for legal advice.

                            Comment


                            • #59
                              Thread closed by suggestion of the OP.
                              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

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