HELP! Gotta Term This Guy...

Ixtapa99

Please bear with me folks this is a long one...this is my first time here and I'm going to try and be "politically correct" (which isn't easy working for a trucking company)...also since the company was in much need of "shaping up", the owner decided each department needed to be addressed one at a time and we started with this guy's department because it was the worst area.

We have an employee who just can't seem to do his job competently. There are continous mistakes made, he's so slow and disorganized that others have to pick up his slack, his attitude is becoming very difficult to deal with, he simply can't think for himself, FedEx's personal item on the company's account and basically it is agreed around here that this guy has to go!

He can not follow direction and never does the same thing twice while doing his work. It's making everyone just plain nuts! In the last 3 months, we have tried setting up procedures and schedules for this guy in order to streamline and organize his work area and make things a little easier for him. He opposes these changes even though he has asked for some help in making his job easier. We had to finally write him up after 2 months for the errors he is still making because he can't follow the procedures and placing him on 45 day probation-this he would not sign) He now thinks we are "picking on him" even though it was explained that the company is just starting in his department and can't move on until his department is running correctly.

His tardiness is out of control. Our policy states that if anyone is tardy 4 or more times within a calendar month, a written warning will be issued. During the month of June, he was late 5 times racking up 111 minutes. (Keep in mind out of 20 actual working days, he was on vacation for 6 days and sick for 2 days). So we issued a written warning to him about the lateness and again he disagreed with the statement of facts and would not sign-but simply wrote in the comments, "Psalms 37 & 27 Read Them!" So, of course I looked this up and he basically insinuated we are all wicked and evil people here.

It states in our handbook employees are not authorized to use the company mailing systems/accounts and stamps are provided for purchase through petty cash for their convenience. 2 weeks ago I had given him copies of the FedEx charges he made and requested payment to reimburse the company. Haven't seen dime one. (I'm just about to issue a letter to him giving him a deadline of this Friday to pay up) He also has an employee loan outstanding.

Now...you may say, "Why not just get rid of this guy"? Well, to be quite honest we just don't know how. The write ups have just been recently issued and we are definitely concerned about this person filing some sort of discrimination suit based on race and/or religion because he is demonstrating some passive-aggressive behavior towards management and making comments about how he's the only one being "targeted" which is not true.

Please believe me when I say that we have or have had every type of person, regardless of race, religion, sexual orientation, whatever) working for this this company and our wanting this guy gone has nothing to do with the items listed above. He just can't cut it around here and it's hurting morale.

I would call the DOL but it seems to me they are always itching to cause some kind of trouble. I really need some advice. Please help! And Thanks To Anyone Who Responds!

hrqueen

Do you have a labor attorney you work with? I would start there. In addition, be sure you are holding all employees to the same standard, i.e. disciplining for tardiness, payment of personal debts, etc. Last item, it sometimes takes a while to get your "ducks in a row" before you are in a position to terminate -- be patient and build your documentation. And, good luck!

ritaanz

AND..... Do NOT call the DOL!

HS

I agree with all. Do you have a progressive disciplinary process in place? Use it...after going thru the steps and documenting everything, being able to term should not be a problem. As long as everyone is being given the same steps, at the same time. It's okay to want to "shape up" your departments, but if other areas are not getting the same progressive steps for similar problems, then you'll have a problem.

Documentation, fairness and equality for all is the key.

Carol CA

It sounds like you have a lot of documentation going - you've placed him on 45 day probation for not following procedures, you've warned him about his tardiness which is consistent with your policy, and you've caught him using the company Fed Ex account for personal reasons. Have you ever told him that his job is in jeopardy, and if he doesn't improve he will be terminated? If he is already on probation, and while on probation violated your attendance policy and Fed Ex policy, you may have enough to term him. You should always warn the employee, however, that termination will happen if they don't change - that way they can't say they didn't know.

I am concerned about your comment about targeting his department first, however. You should not focus on "fixing a department first since it is the worst" and ignoring the others. It makes it appear that perhaps you aren't consistent in the administration of your policies. ANYONE who can't follow procedures, violates your attendance policy or incorrectly uses the Fed Ex for personal reasons should be discipined - not just someone in his department. Just make sure you are consistent, or you do open that door to discrimination.

bsa

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If you don't have a written plan for reorganization, get cracking. -- I'm sure the bosses have had [u]many[/u] discussions regarding the changes, and you need something on paper as proof of your intention to make changes and the plan of action.

Have a witness present when you discipline this person and note on the document that the employee refused to sign.

You seem to have made a good faith effort to help this person do his job. Keep documenting. In 45 days, follow up with either additional counseling on his performance issues or termination.

[b]IF[/b] you have terminated someone else in the company for the same type behavior, his attendance failures could be grounds for termination based on your policy. Or is he trying to tell you that his religion is the reason for being late to work?! He is the one inserting religion into the picture. Don't go there.>
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Same answer as above for the abuse of company mailing systems. If noone has ever been terminated for this, make it perfectly clear to him (with documentation!!) that the practice is no longer allowed and follow through.>

It appears to me that follow through and documentation have been a problem in the past. I have been guilty of allowing an employee to slide and then have to start from Step 1 all over again. It's a painful lesson to learn and time consuming and sometimes costly. If he does file a lawsuit, your documentation and actions with the rest of the company may well save the day.