Want to terminate an employee

nancyp · June 2002

I have an employee who is very demanding, crude to new employees, starts trouble whenever an opportunity arises, cusses other employees out, need I go further? She has worked here for over 10 years. She also has been written up a couple of times due to her attitude. All the employees in her department are afraid of her and will not turn her in. Yesterday she was using four letter words and demanding this part timer do as she says. My question is---can I terminate her without any repercussions??? Please help!

Don D · June 2002

Well, first she'll cuss you out. Then she'll tell you she's been here over 10 years and is the boss' cousin. Then, since everybody is afraid of her, she'll probably whip you in the parking lot. If her behavior is as trashy and unacceptable as you say, and I'm sure it is, go for it! Be sure to research why she's been allowed to do this for 10 years. She MAY BE somebody's cousin who'll reverse you. Seriously, not knowing anything about what the disciplinary section of your handbook says or doesn't say about progressive discipline, it's not possible to recommend a final outcome here. Unless you have a policy or procedure that dictates a step you've not taken and assuming you have no union, looks like you're on pretty good ground to proceed.

Margaret Morford · June 2002

Obviously, you might want to review all the facts with an employment attorney before terminating. Understanding we don't have all the facts here, I'd make sure you don't have anyone else with this type of record that hasn't been addressed either with write-ups and/or termination. If you've fired anyone in the past for this, your case gets even stronger. I'd get rid of this person and quote word for word some of the worst things she's said to other employees to any governmental agency and/or attorney that inquires, stressing that other employees are afraid of her. That should make them back off. You will send a wonderful message through out your organization that this type of behavior will not be tolerated and will earn additional respect for management in finally dealing with her.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

Theresa Gegen TX · June 2002

I agree with Margaret. This employee certainly seems to be on the road to termination, but how the termination is done and what type risk factors exists -- for example, age, race, disability, has she complained about discrimination/harassment, has she recently had a workplace injury, etc -- could all create risk for the company.

Now, while she is an employee, you (the employer) has all the leverage. You have the time to create the type of evidence, by doing the right things -- like writing her up, making sure that you have the facts recorded in a neat form etc -- can make all the difference in the world if she decides to sue.

Good Luck!!

Paul in Cannon Beach · June 2002

If she is as mean and nasty as you say she probably won't go without a fight. Good luck! I think Margaret is right to encourage you to seek an attorney now.

[email]paulknoch@hotmail.com[/email]

marcial · July 2002

Nancy,
I had a similar problem employee with similar longevity. We sat her down informing her that her behavior was affecting her job performance. We listed out the things that needed to change, when they needed to change by, and what would happen if they didn't. We also asked her if she needed assistance in locating an anger management course. All of this was in the form of a written notice. We were lucky in that she knew she was bullying her co-workers and got some help. However, there was no doubt in her mind that she could lose her job if she didn't do something different. Good luck!!

Lola815 · July 2002

definitly talk with your attorney...unless you don't care about being sued. We have an employee that we want to fire and our attorney has been helping us. Definitly worth the time and money! Good luck

Want to terminate an employee

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