termination question

browniz

I need some help!! My company is a manufacturing/sales facility. One of our employees legitimately works with samples and we have no problem with him taking what he needs from the manufacturing floor. Recently his supervisor has been told by someone in manufacturing that the employee has taken an amount that is much more than he needs for his purposes. The supervisor has been looking for a way to terminate the employee and now feels he can use this as a reason. We have no written documentation on this situation, nor any other reason for termination. I would appreciate any advice.

Parabeagle

How much more is "much more?" Since you have freely permitted him to take "what he needs" in the past without a problem, it seems to me to use this as a pretext for termination would have to hinge on a LOT more. What is this stuff you're referring to, anyway?

You say the supervisor's been trying to terminate the employee anyway. Why? Later in the post you say that there is no reason for termination aside from this taking of samples, a practice he has already been advised is OK.

Is the employee not doing the job? If not, and you're an at-will employer, let him go because he's not doing his job. Don't hide behind a pretextual reason.

browniz

"much more" is about 3 times the product that he needed. The idea is that he is probably taking the product home with him. It was decided a few months ago that we were going to hire someone to take his place but because of other problems in the company, the termination has been put on the back burner. He's a constant complainer and bad for moral in the department.
The feeling is that this situation may have presented the company with the reason to do it. My concern is that we have no documented history. Using the "at-will" laws would make more sense.

Parabeagle

I would stop tiptoe-ing around the issue and just deal with the matter. An undocumented allegation of theft (which is basically what you're accusing him of) will get you into more trouble than just terminating him because he's not a good fit (a little more diplomatic way of saying he's a pain in the posterior).

Managers create more grief and anxiety for themselves by not acting straightforwardly and honestly with employees when they exhibit traits or characteristics that they don't like. To try to use theft as a pretext for termination is not a good idea. I would suggest that your managers take a testosterone injection and face up to the task at hand. Just do it.

AluminumBoy

I agree with the testosterone injection. If you need some, I know of a good source.

I also agree that termination based on the sample usage is fairly weak.

What is more important is that you have a slackard that complains alot. Get 'em out!!!

Set expectations, provide feedback, hold them accountable. Do it often, do it now, get 'em out!!!

mwild31

Wait a second! Who says you need testosterone injections to be wise and direct? Give me a break - boys x;-).

That said, I too agree with (most of) the advice already given. x:-)

Don D

browniz; All those guys are hollering at you and racing for the most kickass approach. Hold on. What is the product being taken? Are we talking about something he can use for his own purposes or consumption, or are your people complaining that he's simply taking too many baloons or golf-shirt samples offsite? Let's not overract and fire someone here. Look at what policies and procedures or practices he's violated. Otherwise, it seems all you have is some supervisor with a hard....case against him. If its theft, deal with that. If it's performance, or lack therof, deal with that.

deniseE

I have to agree with Don....if this ee is a "whiner" as you say...then he will be equally so on the outside as he sues you for wrongful termination.

Document Document Document. follow your policies...and document some more. THAT is the key to success.

Crout

There is no "At-Will Law" in New Jersey. There is an at-will doctrine, and if you rely on that quickly eroding guideline to get rid of a troublesome employee without documentation you may find that you are setting your company up for far bigger problems. If your managers are so focused on getting rid of this whiner then why are they so incapable of doing the legwork that will make the termination stick? Since they've put the termination off this long simply for their own convenience, why not put it off a little longer and start addressing the real issues with this employee through meetings, evaluations and so forth? Needless to say, don't forget to document those meetings. Who knows? Lightning may strike and the EE will start to improve his performance.

browniz

Thank you all for your input. I reviewed the situation with the manager this morning and told him to begin documenting performance(it's like pulling teeth!).
My first time on this message board - - you helped a lot!