How do I legally get rid of an employee?

Question

I am a supervisor in a doctor's office. I have an employee that has a degree in women's studies, and she is making all employees in her area miserable. She does her job, but his very rude, disrespectful, and lets others know that she is documenting everything they do, even though this is not her job. How do I legally get rid of this employee? On what grounds can I fire her. The only reason she is really still there is because she knows whose butt she needs to kiss. The doctor loves her.

Answer 1

If you are in an at will state you don't need a reason.

If not, you can cite harassment of others. You'll need documentation so have the other employees write statements about her. Have a talk with her about her actions, and document it. If she doesn't correct her behavior then let her go.

Answer 2

Contrary to the first answer, redundancy is not applicable since you still need a pub manager, so there is not a redundant position. I suggest you ask the current owner to do so, even if you need to contribute to the 'redundancy' cheque. In effect, this employee is a liability, which reduces the attractiveness of the pub commercially (unless you need their skills). As you are buying a going concern, the manager, by law, becomes your employee, thanks to the TUPE Regulations 2006. It is still not a redundancy, but you might get away with it! Alternatively, you take him on, learn useful background and contacts, then after a month or so, you can say you cannot justify keeping him on. I'd avoid directly saying the R word, because (as explained above it isn't) TUPE says redundancies related to the transfer are automatic unfair dismissals. The cost/risk depends on his service and salary. The shorter his service the cheaper his exit will be. You really need a good letter or two from a lawyer to keep you honest, but if you treat him/her respectfully they will probably accept it and go quietly. Pay full notice too, or let them work it. Good luck with the new business. PS. Just to refer to KL's point, there is a defence called ETO, and you can argue an Organisational reason for choosing your partner over the current manager. It isn't risk-free but if, as I said, you treat him with dignity, then little reason for him to kick off).

Answer 3

no contract - no problem - "she" just isn't a good fit......

* Factor #1: Fight Or Flight… How The Problem Employee Will Take Advantage Of You

* Factor #2: Your Problem Employee Will Destroy Your Morale and Results… If You Don’t Do Something About It Today

* Factor #3: The Longer You Wait… The Harder It Is To Terminate The Problem Employee

Knowing these 3 factors will help you decide when it's time to fire the problem employee.

Once you decide to terminate, you must know how. You'll discover that terminating is much easier and less risky than you thought.

Answer 4

Who's job is it to fire her?

If it's yours then this is an easy question to answer. You can terminate her employment without reason in most states. I think the term is at will employee.

((All may dismiss their employees at will, be they many or few, for good cause, for no cause[,] or even for cause morally wrong, without being thereby guilty of legal wrong. ))

If you need a cause, find out what your company policy is on behavior and look closely at harrassment and fire her on the grounds of "intentional breach of any of company’s policies".

If you are still worried, start making a log of HER duties and activities. Is she ever late to work? Document it. Is she ever late coming back from breaks? Document it. Get other employees to file grievences against her. Document them.

However if you mean "how do I get my boss to fire someone"? then that's another story all together.

My only advice there is to have every single person in your office document their complaint against her, hand them to you, and you present it to your boss in a professional manner.

Answer 5

This depends on where you live. In Canada and the United States, employment law is typically a state or provincial matter, so you would need to know the specific law in your area. Typically, however, you need to provide the following evidence:

1. Verbal warning
2. Written warning with disciplinary action
3. Final warning

Employees like this typically know the rules better than anyone else, so be very prepared. A labour lawyer's advice would probably be helpful.

Answer 6

Most states have employment at will, which means that there does not have to be a reason to fire someone. However, make sure that this person cannot come back and say that she was descriminated against, or that she was a "whistle blower" of sorts. Otherwise you can fire anyone just because you do not like them.

Answer 7

She can't be fired but she can be laid off if the boss has good reason 2 let her go or he can say that he is down sizing & not much work anymore lay her off for lack of work.Good Luck

Answer 8

I know in a lot of other places you can give them 3 warning and your out. First you have to give her a verbal warning then you have to get three written warnings then she is out. Or you all could get together and have a little meeting with the doc and let him know what she is doing and how you feel.

Answer 9

You have all kind of reasons to fire her! Give her one warning, you know how she is. Then fire her. Good Luck

Answer 10

The Doctor loves her?

Are you sure the problem is not jealousy?