employee termination

Matt_M_MS

I recently purchased a company and one of the former owners is my employee. It is painfully obvious that he is having a very difficult time letting go and not being involved in decisions. I know he has a gambling addiction which is why ge lost the business in the first place. I do know that has is stolen product from me on two occasions. My question is Mississippi an at will state because I know accusing someone of stealing can create a whole new set of problems. Any suggestions?

karenmc

We had a similar situation and the employee was told we were "restructuring" and his services were no longer needed. Period. Texas is also an at will state.

deniseE

A policy defining acceptable behavior (specifically stating that stealing is Unacceptable) will help you with all employees.

As with any situation, document the unacceptable behavior and terminate based upon documented instances of unacceptable behavior. The more tangible the better.

JM in ATL

You are an at will state.

Crout

If your evidence is solid you can fire him for willful misconduct today. If your evidence is not so solid (how do you "kmow" that he has stolen from you?) then you can exercise other options. For example, you can let him know that having him around as an employee is not a good fit and offer him a decent severance (don't forget to include an agreement not to sue). I would say nothing about a so-called gambling addiction. Stick to performance issues.

karenmc

I've found that in an at will state the less said the better. Document everything tangible in his employee file but again I would keep the reason for termination brief.

Carey

I would say that the fact he is having difficulty letting go and not being involved in decisions would also be a sufficient reason for termination. You could tell him that it just isn't working out having a former owner working as an employee as long as you didn't have any kind of agreement with him when you purchased the company that would prevent this.

Peyton Irby MS

in mississippi you are not legally required to give a reason, written or oral, for termination unless your policies require one. as an at-will state, unless there is a written employment agreement or you are terminating because he reported an illegal act to you or some law enforcement/administrative body, you may terminate at your will for any reason. i assume there is no protected category involved (sex, race, age, etc.)
Peyton Irby
Editor, Mississippi Employment Law Letter
Watkins Ludlam Winter & Stennis, P.A.
(601) 949-4810
[email]pirby@watkinsludlam.com[/email]

AluminumBoy

Ohhhh, how I love employment law.

It's an at will state, BUT what about these other things....

PPPFFFTTTTTT

Sad that those items need to be considered when someone is stealing. I hope you have it documented nicely so you can pull the trigger without worry. Even if you don't have it documented properly, but are sure of these facts, AluminumBoy says do the right thing and cut 'em free.

I hope this fellow can get a hold on his/her problems. But look at it this way, if you don't cut this person free, you're enabling them to continue with the addiction (if it is one) or the destructive behavior that is causing so many problems. Obviously, losing the business didn't take this person to their rock bottom, maybe a termination will help them get closer. Good luck