Terming an employee
lnelson
670 Posts
Ok everyone, I have a situation here in CA. I have an employee who for the past month or so has been disciplined and warned on several issues. She recently did something that anyone else would have been termed for. Our legal counsel has informed us to hold off until she does something more substantial to term her. Lately, she has been very much to herself with little contact with employees. Thus not being a "team player" she is still doing her job but, the atmosphere is very cold with others in the office. Other employees and customers have made comments about the way she is speaking with them. We want to term but, unsure since she is doing her job. What can we do?
Comments
>She recently did something that anyone else would have been
>termed for.
Seems to me you just answered your own question and your lawyer has got feet of clay.
You've already given this employee more than enough rope (and WAY too much slack) to the point where you have retained her after committing some act for which someone else would have been fired. What is the "more substantial" something that your lawyer wants her to do before you fire her? Just start documenting the specific behaviors or acts that she is doing (or not doing), catalog everything up and do the termination. Good luck. Also suggest you try to find a lawyer with a spine.
Also suggest you try to find a lawyer with a spine...
I would have used another body part but the forum police are alive and well.
Parabeagle hit it on the head, you take action based on what they did, not what they are. You can always defend yourself this way. What happens now when you term someone for doing something similar to this gal that you did not terminate? That could cause you grief.
When it is cut and dry, the behavior so bad it seems like a no brainer, don't consult the lawyer, make the decision and move forward.
How recent was the infraction that should have gotten her termed??? If still timely you can still term her for it..........I would strongly look at that.
My $0.02 worth.
DJ The Balloonman
I can't assess the density of the attorney's spine or other body parts from this distance, but suspect he/she must have some basis for the advice.
>act/ommission/offense she committed that would have gotten anyone else
>terminated? (2) Do you have a written policy, procedure or rule
>indicating that the severity of that particular infraction will
>probably, possibly or likely lead to termination on the first
>occurence? (3) Do you have evidence of having applied that sanction to
>others who have committed this same offense? (4) Conversely, might she
>have evidence that you have not applied that sanction to others who
>have committed that particular offense and might they be of
>demographics dissimilar to hers? (5) If your lawyer is a company
>employee, knows your policies and is aware of the application of those
>policies historically, have you asked him/her upon what she/he is
>basing that particular advice?
>
>I can't assess the density of the attorney's spine or other body parts
>from this distance, but suspect he/she must have some basis for the
>advice.
Don D,
To answer your questions:
1)The act was e-mailing company documents to someone outside the company and not for a school project and not public information. 2)Yes we have a policy regarding confidentiality and computer usage. 3) No, this is the first person caught doing it. We have not been monitoring our computer systems for very long. 4)I do not know if she does or not because it is the first time we are aware of this happening. 5)The lawyer is not an employee he is outside counsel. He does have a copy of our handbook and helped with the wording of it.
I have not asked him yet, I have calls into him to ask that question.
Well depending on his response to my question I should have a clearer picture as to the density of his spine. I am sure just overly cautious.