Terminate Without Retaliation

Rockie

This is a sticky, messy problem. We have an employee who really needs to "go". She started out with us in May of last year and has been nothing but a troublemaker since then. She wasn't here a month before she had two Workers Comp injuries. That wasn't the issue as we followed WC procedures, etc. She has constantly undermined her supervisor as immature, young, doesn't know what she's doing. She has questioned her salary against the supervisor's salary, years of experence, etc. I've never had a converation with this lady where she didn't bring up the supevisor in a very derogatory manner. On Friday, she went to the CEO and voiced the same displeasures. She also stated to the CEO that the rumor was that the COO was having an affair with an employee. She had no proof, just a rumor that she tried to have dinner with one of the other supervisors, etc.

I have previously talked with our labor attorney to make sure that whatever we did with this person, it did not appear to be in retaliation with the WC injury, which, it is not. We have enough documentation purely from performance standpoint to terminate in my opinion. She has changed schedules and dropped patients from the schedule without permission. She has made constant derogatory remarks about her supervisor in every office she has worked in, etc. She has been counseled numerous times.

How would you guys approach this? Would you feel safe in terminating her for performance. I feel sure she has done the WC route before because she knows all the right questions and answers and is also "coaching" her boyfriend through the system as he has a WC claim, also. She is very free with this information and I have no doubt she will try for a WC retaliation claim.

Thanks for any insight!

Don D

I think both Carolinas are At-will. Your assessment of this individual tells me that she should be terminated. "Things just aren't working out," will be fine. What you posted plus the 38 other things you did not post, in my mind, will outweigh a WC retaliation shout anyday.

Whatever

Since you consulted with the attorney, if they okayed it, fire them. I would write a letter (run it through the attorney), outlining reasons for the termination.

jimlegal

Do you have some sort of confidentiality policy that includes salary/wages? From your post, it appears that this person may be discussing her salary/wages with others. We strictly prohibit this type conduct here, have included it in our confidentiality policy and have terminated for violation of that policy. Sounds like you have sufficient grounds for termination, however I would be ever so cautious, creating a paper trail like no other. We have found it is this type employee that files the majority of administrative & legal complaints. Hope you are able to resolve your situation to your satisfaction.

Don D

Jim: How do you get around the National Labor Relations Act which precludes an employer from prohibitions such as not being able to discuss wages? This applies to union and non-union employees and companies. Thanks, Don D.

jimlegal

We have been advised by counsel that we do not fall within the definition of Employer in Section 2(2) of the Act. Thanks for the question.

Leslie

Are your coach and counseling sessions documented? Have you made the case for progressive discipline? And what does your policy say?

Even if you don't have it outlined, some documentation on say two or three coach and counsels (you said there were several) should back up a term nicely.

Theresa Gegen TX

The longer you wait to terminate her, the worse the sitatuion will become. If you have all your ducks in a row (good documentation, etc), terminate her now. If not, you can be that she will start complaining of some type of discrimination (age, race, sex, etc). Then if you terminate, she will have the temporal proximity factor on her side.

Trinity

Hi Jimlegal,
I saw this and was curious..what made you exempt from the qualified employer section of this Act? Thanks!

jimlegal

I am with a union representing employees of the airline industry. Hope this answers your question.

Leslie

We cover the wage discussions with gossip, rumor and innuendo. If this sort of nit picky stuff gets loud enough to hit HR, we don't care what they are talking about. Every one is yanked in, given a documented coach and counsel to make it stop. If it doesn't, let the written warnings begin.

Don D

A union rep, of all people, stifling the rights of people to collectively bargain and engage in concerted activity. I have now heard it all!! What a concept. x:-)

Parabeagle

I didn't know they allowed union reps here. They know the secret handshake or something? x;-)

Don D

Jimlegal is the nicest union rep I've ever encountered, but he just got to the table. If he remains calm and doesn't make demands, he may be a welcome participant. Just kidding Jim. Good to have you.