can I fire an insubordinate employee?

Question

We have several Elsalvadore employees. .They are all legal and documented. Some are citizens. I have this one male that does not follow direction and refuses to listen to me when I am left in charge. Calls me F...ing B....etc. The problem is H ehas a landscaping buissness that we have given him off on fridays to expand. Since this time he seems to be pushing to be fired.I believe he is doing this so he can collect unemployment and work his off the books landscaping buissness. Since my superior is not around when he behaves in this way it looks like Im either the instagator or I have a personal problem with this man. Any body have a just solution.?

Answer 1

First, I would get him to sign a paper that states "He's chosen to take Friday's off on his own descretion for his landscaping business." Tell him it's to protect the company. That way, you have proof of what he's doing off the books. Start to document the instances- times, dates, exactly what was said. After a week or two, take them to your Human Resources Dept. and explain your case. They will call him in to try to solve it. He will probably start to "behave" since it seems that no one is going to fire him. Hopefully he will quit Just make his job a living hell, within means. I've done it before and got 2 managers to leave (one transferred, one quit- they were both lazy, put all their work on me, and took the credit for it.)

If you can't get him to quit, and you must fire him (remember to keep documenting reasons why you'd fire him.) go ahead and do so. Someone can always anonymously tip the IRS. That's tax evasion.

Answer 2

Actually in some states, the person can still collect unemployment even if they quit, they just have to wait longer. Since there are different costs to the company when an employee is terminated, advise your superior of the issues, indicate you believe he should be terminated (including the info about working off the books). Explain you are aware that there are costs associated with terminations and offer your superior the chance to make the final call. They should at least be impressed by your business acumen & will be aware of the problem.
Good luck

Answer 3

Start documenting EVERYTHING. Keep a journal with dates, times, names, quotes, witnesses, etc. When you have a considerable amount of evidence, take it to your superior. I'm sure there is a certain set of procedures you must follow to fire anyone. You can start that process, but like you said, he just wants to get fired. It is possible that an unpaid suspension or the like is part of the process and he will likely not be too interested in that. Any time he behaves incorrectly, just give him a smile and be professional. Then, once you have all your info, slap him with harassment. Depending on what he does to get fired, he may have a hard time getting unemployment. Just keep that journal with every detail you can think to put in it.

Answer 4

I presume that since you have a supervisor that you also have peers.

Each time he shows insubordination, tell him to clock out and go home, and put a note in his file detailing precisely why you did that. He's not being fired so he can't claim unemployment.

Eventually your supervisor has to make a decision to fire him, you, or transfer him to another team.

If he is fired or quits, the employee is only entitled to Unemployment if he is a) terminated through no fault of his own, and b) doesn't have other employment.

Being fired for insubordination is his fault, and even if that's not sufficiently documented, he has other employment. I doubt he will prevail on a contested claim for Unemployment.

Answer 5

1st. Do you have the power vested in you by your boss to fire or just make a recommendation?

2nd. If not the first, I would definitely record the name calling due to Insabordinance by a co employee which holds the company liavble.

3rd After that it leaves your superior liable to your rights as an employee.
Document Everything Times Dates Places!
As per laws EEOC, State of NJ

Good Luck!

Answer 6

I had the same problem with one of my employees. I was assistant manager and the manager never seemed to have a problem with this particular employee. I went over my boss' head and told his manager about the situation and that my authority was being undermined. My district manager had a talk with my manager and the problem was solved. My employee was to respect me and what I was telling him to do or he would be fired. He went with my wishes for a while and soon quit within a couple months. Just sit down with someone and tell them what is going on and try to come up with a solution. It's not worth getting upset over and sooner than later the problem should fix itself. Just try to be as nice as you can and do your job to the best of your ability. Good luck!

Answer 7

I'd fire him but make sure you have a documented reason why. Unemployment isn't as easy to get as people think and if he has another business he will not qualify. Make sure you keep a list of when where and what he has done wrong. If it goes to some sort of court you will have proof and he will look like a jerk.

Answer 8

Generally, if an employee is fired for cause (i.e. insubordination, tardiness, theft, etc.) he or she cannot collect unemployment.
You must document instances of insubordination and have witness statements before you fire any employee. The unemployment service in your state will probably contact you if that ex-employee tries to collect.

Answer 9

Are there any witnesses to his behavior toward you? If yes, are they reliable and will they back you up. Does your company have a written policy about profane language or respect in the work place? If no, get one, if yes, then you have justification for firing. I would deliver a written warning first though or whatever your policy requires.
Why let him have Fridays off, tell him to be at work and when he doesn't show, you have another reason to terminate him.

Answer 10

Those are all great answers. Look into the legal status they can be fake documents. Most illiegals know it cost too much to check up on the documents. Document them and write them up and make them sign that they understood they have been reprimanded.