Mobile Entertainment

bardkaraoke · November 2002

I own a small (5 employee) mobile entertainment service. Recently terminated a Karaoke DJ who had problems keeping cinfidentiality. The (former)employee is now visiting our public performances openly discussing information about the termination. When asked to stop, the individual informed me they had retained a lawyer. . . not knowing this person's intentions, can I ask him to stop visiting our performances and to not ask my current employees questions? I want to avoid potential confrontations with customers, employees, and accounts. HELP!!

Paul in Cannon Beach · November 2002

Can you be more specific about the circumstances of his termination? You said he was terminated for not being "confidential". What does that mean?

Paul

bardkaraoke · November 2002

Defaming the business and the process of his termination.

Don D · November 2002

I suspect the places where you set up are public venues, perhaps restaurants and bars, parties, etc. I don't think you would be successful in trying to 'bar' him from attending. He does it to tick you off. Nor can you keep him from speaking with your current employees. You can either laughh at him, embarass him on-mike, ignore him, or buy some guy a beer to take him out back.

Theresa Gegen TX · November 2002

you can ask the guy not to come and ask him to leave your employees alone. But whether you can legally bar him is another question. If his behavior is very disruptive or threatening, a court could issue an order barring him from your performances. But his behavior would have to be extreme for that to occur. Also is he is defaming the company or interfering with the company's business relationships, there may be grounds to sue him and get an order barring him from that behavior.

Oftentimes a letter from YOUR attorney to him, explaining that if he does not cease his activity, the company will take legal action, will be enough to stop this type of behavior.

Good Luck!

Crout · November 2002

With the exception of the Equal Pay Act (1963), your small business falls outside of the scope of the EEOC, so unless you fired the EE for trying to unionize (if even THAT would apply) and you have been paying minimum wage (if THAT would apply) you really have nothing to worry about. I suspect that the EE's claim to have seen a lawyer is nonsense, because a lawyer would have most likely told him/her to forget about a lawsuit. If the EE insists on showing up at public events, you can't do much about that, but you can direct your current employees to not converse with the EE about company business, and back it up with a threat of termination.

Gillian · November 2002

I disagree with the idea of telling employees not to talk to this individual under threat of termination. Assuming that you could do that (in my state you shouldn't, not sure about couldn't), by taking that action it raises the level of importance in everyone's mind and will make the other employees wonder why you are so worried about the issue that threats are necessary. The goal is to make the guy quietly go away and a letter from your attorney has the best chance of doing that.

Crout · November 2002

It's an important issue if the owner of the business deems it so, and the threat of termination will get that point across. That might not be MY course of action, but the owner needs to know ALL the options. And I'm sorry, but it's not an unreasonable request for the current EE's to keep company business confidential.

Rockie · November 2002

We had a similar problem when we had to terminate an executive secretary who had several problems, one of which was keeping confidential information confidential. After her termination,she constantly called employees up at work telling them lies and slandering the name of the CEO (her boss) all over the place. Employees were concerned with her behavior and came to me and said they did not want to be in the middle of this. The upshot was our attorney had to send her a letter advising her to cease and desist or face the consequences. Have not heard another word about her or from her.

Paul in Cannon Beach · November 2002

For some reason my gut tells me that this termination wasn't handled well and that is the main reason this ex-employee is causing all this trouble.

Sometimes you attract more flies with honey than vinegar. Is it possible that you have offended this guy and perhaps a simple apology would fix this mess before everyone lawyers up?

I am totally speculating here so my apologies if I am way off base.

Paul

bardkaraoke · November 2002

Absolutely not. We issued verbal and written corrective action with a witness, and communicated the needed changes very clearly at scheduled meetings.

Paul in Cannon Beach · November 2002

Then I was wrong... you still might try to soothe the guys feelings if you think that might work but otherwise follow the advice of others in the forum and show him you are serious.

Paul

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