Fire 'em All !!!!!!!!

We have been experiencing a problem with the staff in the cafe at our store. There is a lot of complaining, moping and just plain slacking off. We brought in some nifty store logo baseball caps that we required them to wear instead of their own and they practically let out a collective wail of anguish. Now they are playing the whole game of putting them on when they see management and taking them off as soon as our backs are turned. They make it obvious as if it is a fun game. That just the tip of the iceberg with them.
The problem is that there are some troubling issues in the department that management has'nt addressed regarding safety, such as wires running along the floor through water that leaks from various appliances. We had a trip and fall today and the employee involved became very vocal about the safety issues. She even asked me to direct her to the proper authorities to complain to.
Now management is do frustrated with the staf thet they wantto fire all of them (except the two supervisors) close the cafe for a week, redo it and hire all new staff. I see murky water here but this management team is the kind that really want to do it their way. They have asked me for advice and that is a step in the right direction. To really impress them I thought I would consult the forum.
My concerns are what can we fire them for? Insubordination (the caps) poor performance and various other grievances or do we have to lay them off? If we lay them off they collect unemployment and we would have to hire them when we reopened.
Any advice would be greatly appreciated
Deez

Comments

  • 12 Comments sorted by Votes Date Added
  • I think you have a much bigger questions SAFETY!! Wires running through water??? Falling over loose wires? Yikes!! That cafe could get closed down before you close it and OSHA could fine you big time. Perhaps you should get your safety committee (if you have one) together and immediately start working on your violations. Staff might do a "turn around" when they see management taking safety issues seriously.
    My 2 cents.
  • I realise that and I have warned them. Now it really may become an issue if gisgruntled employees complain to osha. I can't do anymore on that end without their cooperation though.
  • I agree. These safety issues need to be your first priority. I'd focus on solving these problems first. Check your records and see what documentation you have on these employees' performance, disciplinary actions, and the like. You may need to start from scratch with an initial documented sit-down with each individual employee, and let them know exactly what needs to be changed and what the consequences will be if there is no improvement. Good luck!
  • Deez,
    First off whew, got your hands full on this one. Couple of things, your loss prevention department internally, or the loss control department of your insurance company can conduct a thorough evaluation of the workplace from a safety standpoint and make you aware of what needs to be corrected.
    That handles one issue.
    Second step that I would do is sit down all of the employees in question let them know that you are doing this, going to make the corrections. Also let them know that you will share the report with them. Next, sit the whole crew down and explain that you are wrestling with if you should let the entire staff go during the repairs or if the current situation is fixable. Use the hats as an example. Don't look with any special favor on your supervisors. If they were great, you would not have the issues you are dealing with now, think about it. Front line supervision is the key. If they were awesome they would have eliminated problem employees, and gotten all of the others focused in the right direction.
    My $0.02 worth.
    DJ The Balloonman
  • Whew! That's quite a story! I should begin by stating that since we do not oficially represent your company, I cannot give you any legal advice on your situation. I do have a couple of general comments that might be helpful: 1. Massachusetts is an "at-will" state, which means that, absent a contract of employment (such as a union contract) an employer or an employee can terminate the employment relationship at any time, with or without cause or notice, except for a reason that is prohibited by law. This means that you don't need a reason to fire someone. However, most employers try not to take such drastic action unless they have a good reason supported by adequate documentation. 2. Insubordination would be a good reason, but it would be preferable to have given them a warning about the insubordination before lowering the boom. Also, you don't say what sort of instructions were given when you handed out the caps. If you just said here's a new hat, that would be different from telling them that the hats were now part of their official uniform and that they were required to wear them at all times while on duty. 3. Among the illegal reasons that you can't use as a basis for firing someone would be a safety complaint, either internally or to OSHA. The OSHA statute protects anyone who files an OSHA complaint, and the employee could file a claim for wrongful termination if she were fired because of her complaint about safety. 4. If you term someone for insubordination, they can still collect unemployment if they can show that they didn't know they would be fired if they didn't wear their hats. 5. If you fire someone because their job has been temporarily eliminated (due to reconstruction of the cafe for instance), they will still collect (because it wasn't their fault that they were fired) but there is no obligation to rehire them if you advertise for new cafe staff and they apply. 6. Employees who feel they have not been treated fairly will try to find a reason to file a lawsuit. I suspect these employees would do the same.

    This is just the tip of the iceberg with this matter. I strongly suggest you talk to your labor and employment counsel before taking any further action on this matter. You have a potential landmine here and should tread carefully.

    If you have any additional general questions, plese feel free to contact me directly.

    Susan Fentin
    Associate Editor
    Massachusetts Employment Law Letter
    Skoler Abbott & Presser, P.C.
    Legal Counsel to Employers
    Offices in Springfield and Worcester Mass
    [email]sfentin@skoler-abbott.com[/email] (413) 737-4753

  • I think that rather than fire or layoff the entire non-exempt staff I might fire or lay off the entire exempt staff. Sounds as if that's where the real problem lies. Absent the requirement that employees wear caps and only those issued by the company, I would also hoot and holler if you gave me one to wear and I preferred my own.

    And, I would personally avoid walking through the work area as I would not want to be the statistic resulting from the electric lines laying in water.

    Third, I would reduce all this to a complete written account of my observations, facts and findings and would present that to management and indicate in your written account the specific date it was given to management and to whom.

    Fourth, I would re-read Susan's response.
  • Somehow I am see this as a management issue not an employee issue. First of all, management didn't notice wires running through water caused by leaks. The employees are disgruntled, complaining etc. Why? Don't the manager know? If you fire all the employees, you still have the same managers. I would present documentation to the manager's manager and if there is no satisfactory reply, take it higher.
    As an aside, in NYC, if an employee called the city, the inspector would probably close down the cafe immediately upon observing the mess.
  • I agree with your posts about it being a management issue but I am not in a position to affect that situation. I did talk to the GM and he has authorised me to do a safety report on the cafe. I think he is starting to see my point on the safety issues.
    As for the employees, I am usually more sensitive to the employees complaints but this is a frustrating lot. They dress shabbily, don't even attempt to work, yell at the only superviser that works hard when she is told to reduce her payroll and so cuts hours. We got them the hats (Deli and cafe are required to wear headgear) because the hats they were wearing were absolutely filthy and they refused to wear clean ones of their own. Thank you all for responding. It's been a hectic day. Now I have a pretty serious sexual harassment allegation to deal with. WHEW!!!!!

  • With management that seems to be running this place, firing all the employees and hiring a new bunch will just result in the current situation starting again, just as soon as the new bunch figures out what the old management is like.
  • I agrre with Don on this. The supervisors are responsible for maintaining safety and keeping the staff in line. Lokks to me like they have failed all the way around. I would first fix all the safety issues. Hire two new supervisors and train the staff one last time.
  • [font size="1" color="#FF0000"]LAST EDITED ON 07-22-03 AT 09:49AM (CST)[/font][p]Nothing to add to all this great advice except to say that no matter who you fire....exempt, non-exempt....under these circumstances you will end up paying Unemployment.
  • I'm going to go contrary to everyone here, except on one issue. You will end up paying for unemployment.

    I would fire them all.

    In order to make sure the same thing doesn't happen in the future, however, you need to have management think about the consequences of such a drastic action.

    1. Who hired these non-exempt folks in the first place? Did the managers? Or, did they 'inherit' the lot? In either case, better hiring practices need to be in place.
    2. Are expectations for performance and customer service spelled out in a handbook or some other documentation? Is it trained to new employees and then followed up on at a later date? If managers are just handing out policies and expecting people to read it - there's going to be a repeat.
    3. Are there procedures in place for discipline issues (as well as safety issues)? Do they get followed?
    4. If employees or managers have a problem, is it spelled out somewhere who they can go and speak with? This really helps when you have folks that like to complain, but then don't follow the "chain of command" for addressing their issues.
    5. Managers need to know how to manage. If they can't be leaders and have happy, productive employees - they can't manage.

    Employees, especially in retail environments, represent the company to the customers, and a customer is no fool. If a customer sees or senses (or worse the employee complains about the company to the customer), you've just lost the customer and about 5 of their friends/family.
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