Employee File Information - Termination Form
turbo
78 Posts
I terminated an 18-year-old employee last weekend for drinking beer after hours in my restaurant. He stole - not paid for. It was against crew policy, and in Texas he is under age.
I wrote it up on an offense form - which he signed at the time I terminated him, and he admitted to drinking the beer.
He is now demanding a copy of the termination paper he signed. He is also claiming his father wants to see all papers he signed.
I don't have to give it to him do I? It is company property correct? Also, I don't want the paperwork out - I fired him and others as soon as I learned about the incident. Three in all were implicated and terminated, two of the three openly admitted it upon termination.
I don't want the paperwork out publicly ( and I can't imagine his father really wants it - this kid is a HS Senior) so that the TABC (alcohol commission) comes after me for this egregious violation. We can't be there the entire 120 hours we are open - but do our best. The manager that allowed it was among the terminations.
I wrote it up on an offense form - which he signed at the time I terminated him, and he admitted to drinking the beer.
He is now demanding a copy of the termination paper he signed. He is also claiming his father wants to see all papers he signed.
I don't have to give it to him do I? It is company property correct? Also, I don't want the paperwork out - I fired him and others as soon as I learned about the incident. Three in all were implicated and terminated, two of the three openly admitted it upon termination.
I don't want the paperwork out publicly ( and I can't imagine his father really wants it - this kid is a HS Senior) so that the TABC (alcohol commission) comes after me for this egregious violation. We can't be there the entire 120 hours we are open - but do our best. The manager that allowed it was among the terminations.
Comments
California law dicates we allow former employees to inspect their file for a reasonable length of time after termination. However the loophole California has is that the right of inspection does not apply to records relating to an investigation of a possible criminal offense. Again check Texas law. Underage drinking is a criminal offense as is stealing, maybe Texas is the same.
Good luck.
Cinderella
Why would you worry about this? It sounds like as soon as you found out, you took immediate action & terminated them. What could the commission gain from this knowledge, other than saying thank you for being a conscientious employer - is there more to the story?
My question is on Texas law. He can examine his file if he wishes or not. He cannot take anything with him, or copy anything correct? We don't have a copier at the restaurant.
I don't want him to have anything he wants basically. He is a trouble maker and has tried to get other employees to quit because I fired him. He has come in the restaurant and been distruptive and I warned him I would call the authorities if he didn't leave.
Sounds like you handled the situation in an appropriate manner. I don't see where you have a thing to worry about. I'd file it away.
That is the question.
We had an incident not too long ago that the employee demanded to have a copy of her termination paper. In Louisiana, a terminated employee does not have the right to see his/her personnel file (except in some WC issues). However, I told our manager to go ahead and give her a copy (she was making a scene in our restaurant in the middle of rush) because heck, she signed it, she knew what her termination was about and we followed our policies and procedures. I didn't have anything to hide. I agree with the previous poster who stated that if the Alcohol Board got involved, that they would agree that you took appropriate measures in firing the manager for allowing an underage person to drink alcohol.
If you don't want to give out your in-house form, do you have something that you submit to your state department of labor, like a pink slip? In Louisiana, we are required to send a copy of it to our employees within 72 hours.
Since I am in the restaurant insdustry too, I deal with more than my share of irate parents calling on behalf of their children, do you think your employee told his dad the REAL reason he was terminated? More often than not, the kids are afraid to tell their parents the real reason they were terminated.
Johnette
[link:www.hrhero.com/cgi-bin/employersforum/employersforum.cgi?az=email_user&userid=Squishypig|"I'm in the weeds!" E-mail me if you are in the restaurant industry too!]
Info from 5th edition of Employment in Texas.
No, I do not think the employee told his father the real reason - or he told him that I had accused him and made him sign a form. I did accuse him - he admitted it and then he signed the form willingly. Then became very angry speed out and spun out of the parking lot at closing. Called several employees and tried to get everyone to walk out on us. And returned the next day caused a disturbance and again troed to get other to quit. They did not.
Called the next day wanting the form. We told him no. He called again and said his father wanted the form, which brings us to today.