Can I finally terminate?
Ixtapa99
26 Posts
Do you remember "Gotta term this guy..."? A couple of months ago, an EE was driving us nuts making continous errors with data entry, calculating payroll incorrectly, using company accounts for personal reasons (which we still have not rec'd reimbursement and in fact he submitted an NSF check for these charges), etc. The majority of responses suggested to be patient and document, document, document and I thank all who responded. Well...I have been patient and things have been documented and he was written up back in June and placed on 45 day probation. Yesterday he was written up and we held a disciplinary meeting again because during his 45 day probation, the errors continued and have actually gotten worse. His probation period was extended another 30 days and he was told "his employment with the company was seriously at risk and this would be the final written warning on this matter and that "if immediate and sustained improvement was not shown, his employment with the company would be terminated". We reiterated the importance of accuracy when calculating the payroll (duh?) and he was directed to correct the payroll errors immediately making sure he double checked his work before turning it in so we could complete the payroll process for this week. This morning the boss called me in to say that the EE's supervisor documented 9 errors on the "corrected" payroll. I don't understand how anyone who was reprimanded and specifically told their job was on the line could possibly have turned in such a careless mess. Because his written warning stated that this would be his last on this matter, can I please now terminate this guy? Any advice would be extremely appreciated. xpray
Comments
Sorry, couldn't resist. I'd say you have your ducks in a row. Good luck.
It looks like you are in Illinois, my stomping ground. In Illinois, you technically cannot deduct from final pay like that unless the ee signs a written authorization for the deduction at the time the deduction is made. Once you tell him he is term'd, he will probably tell you to jump in the lake before he will sign anything.
Perhaps you point out to him (before you terminate him), that his repayment check was returned NSF. Accordingly, it can be deducted from his next check for his "convenience." Hand him the written authorization form at that point. It can be simple, one sentence: I hereby authorize the deduction of $x from my next paycheck to reimburse the Fed Ex charges....signed, dated. If he resists, tell him to bring in cash or a money order by tomorrow morning. Plan to terminate him the next morning no matter what....
If you end up term'g him and still no pay, you could deduct from final pay anyway. Just know the risks up front. If he is saavy to the Illinois Wage Payment Act, he could run to the IDOL and file a wage claim against you for the unauthorized deduction. Most ees don't know this though, so it is never challenged. If he does figure this out though, just be prepared to pay him back the deduction before the matter ever goes to hearing and cut your losses.
Good luck!
So on Monday when I spoke with my boss and realized things were not geting any better, I approached this guy's supervisor and all of a sudden he hands me all of this documentation surrounding the errors. That's when I posted the question of finally getting rid of him. Tomorrow morning, he will be terminated and the search begins for an individual that can fill this position. Wish me luck! x:D