My hubby has an employee who had a dr. note for a bad back, but has write ups for lots of things, like?
disobeying orders, etc. he draws social security and is only working 32 hrs (barely full-time for benefits) and now is recording stuff (without permission) trying to prove discrimmination! he just wants the easy jobs, he tears up equipment & has been a pain for along time, he stirs up stuff w/the other staff, just a bad apple. what do u think is the best course of action for my hubby. we think he's gonna try to sue or anything cause he's a lowlife. he's employee)worked there about 7 years and says he can't hear good and is getting old and my hubby is trying to get rid cause of age. btw ,there are two other guys around the same age on the crew who have no problems doing the work any of it... please advise
Answers:
1) consult his HR department, if there is one, they are set up for this sort of thing.
2) document everything. Everything. In detail, without personal bias, just the facts.
3) consult a lawyer
He should consult an employment lawyer.
I don't think he can hide behind his disability to protect him from all of his shortcomings. He sounds like he would be a crappy employee even if he was physically fit. I would call your local better business bureau, and see what they have to say about it.
Maybe your hubby should lawyer up and discuss the best means of disposing of this man w/out grounds for being sued. Man, I hate sue-happy people!
He is a part time worker, get rid of him.
All he has to do is fire him and show the courts every write-up, document every piece of equipment that he has broken, etc. My hubby was laid off from his job while he was on medical leave. It is legal to do so if there is proof that there was going to be a lay-off anyway.
Most states are "at will" employment, meaning he can be fired for any reason or no reason.
Your husband needs to stick to his own company's policies, TO THE LETTER. He needs to document all problems with this employee and take appropriate disciplinary action EACH TIME. I can't imagine that those don't add up to a termination at some point. It is a good idea for your husband to notify ALL employees that he is "cracking down" on them, in writing. Please note that unless what this employee is recording is considered confidential or a trade secret, he may record whatever he wishes. Your husband can't do anything about that at all.
He can be let go legally as a prevention of hurting himself or others on the job. All you need is other workers to say they are scared to work with him. No one has to keep an employee that is a danger to others.
If he has write ups, and your employee handbook/contract outlines the terms of employment, then you are good to let him go. Also, is your husband an "at-will" employer? if so, he can terminate an employee with or w/out cause. Documentation is key! If there are grounds for termination, then go with it before it becomes any worse. For reference, you can look at your state's and the Federal labor laws. they are a good reference, and generally offer a summary so that you don't have to read through all of the legal language. Good luck with this guy!
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