If you have an employee which you want off of your payroll, but he is F/T and you don't want to pay unemployment, can you arrange his schedule to make him work first, second, and third shift each week? If he quits on his own after a few weeks, what are the possible reprecutions? Would it be wise to offer a sevewrance package? This is all happening after he claimed discrimination, which the company "feels" never hapopened.
2007-02-18 06:38:35 · 14 answers · asked by Mr. Know it all 3 in Business & Finance ➔ Careers & Employment
loke. fier his *** and saye he was porking your gilrfrend! dood - they cant get you for that!
2007-02-26 05:04:35 · answer #1 · answered by Ansre Man! 3 · 1⤊ 0⤋
Many companies use creative ways to "manage out employees". If he claimed discrimination and now the company is getting revenge there could be a problem.
In larger companies, if something like this happened the HR and Legal departments would be putting the brakes on quickly. In a smaller company it may be harder to prove.
Look into your state laws, if this is a clear form of retaliation (which it appears to me it is) get a lawyer or someone from your EEOC office involved. There are multiple forms of discrimination they look into.
Last, if the employee is wanting to keep his job they should work diligently during this time. It's easier to protect a victim that an "angry" employee.
The severance package bit is up to the company, general practices are 1-2 weeks pay per year worked for the company.
Good luck!
2007-02-18 06:47:20 · answer #2 · answered by zeebarista 5 · 0⤊ 0⤋
I think most places have a "no fault" clause that either party can terminate the employment with or without cause. As for paying unemployment, that may be tough. Getting this person to quit on his own may be difficult. Sounds like he is already "after" you..... and anything you do he will twist and use against you. Is this the kind of place that can "promote" him and ship him off to Timbuktu? Give him an assignment that's going to make him want to leave?
2007-02-18 06:46:04 · answer #3 · answered by Squirrley Temple 7 · 0⤊ 0⤋
My advice is to terminate the employee and pay the unemployment insurance. Consider that as long as he/she is working you are paying salary and affecting your's and your employee's productivity. The sooner gone, the better (check to be certain you're in "at will" state, you don't want to get in trouble for improper dismissal). If you offer a severance - you WILL pay unemployment (don't believe it will get you around it). If your company has a severance policy, follow it. If not, tell them you'll pay for the next 2 weeks, but show them the door immediately.
2007-02-18 06:43:11 · answer #4 · answered by Isaac 4 · 0⤊ 0⤋
Do the classic, 'kick him upstairs' and then load him with responsibilities which he can't handle.
when he has an evaluation, terminate for failure to do work assigned. If he is ;fired' for cause, he can't draw unemployment. If he just quits, he can't file for unemployment either, so have a lay-off....insufficient work to keep him employed. Now you have a couple of choices, of course he will claim discrimination, incompetents usually do as it is easier than facing reality. Best wishes
2007-02-25 15:47:39 · answer #5 · answered by tylernmi 4 · 0⤊ 0⤋
If he is presently working in a job/department where others are also doing the shift duty you intend to give him and make him resign himself, it would work in a safe manner. Only that you should make some others as well to work the same shift that he being given as a punishment and by which he may resign.
Besides, the work shift that you are intending to assign for him should also correspond to his job offer letter which had been issued to him at the start of his employment.
2007-02-18 06:50:38 · answer #6 · answered by cabridog 4 · 0⤊ 0⤋
Be a man and fire him and pay the unemployment and in the end you'll get your because he might have to use you as a reference and you can be honest then, (what goes around comes around) You're being ignorant and abusive. Don't stoop to his level!
2007-02-18 06:49:06 · answer #7 · answered by Happy 3 · 0⤊ 0⤋
...here's your problem... you've obviously already discussed this with lots of people...(it's now on Yahoo)... it's out in the open.
Get yourself a good business lawyer to "plan" what you can do...
By taking his schedule and making it tough (and not everyone elses from time to time)...you open up a discrimination door for sure... You've got a "stickey wickette" there boss....
2007-02-25 19:31:33 · answer #8 · answered by Anonymous · 0⤊ 0⤋
i seems like there is some discrimination going on....... you going to schedule him third shift? you dont wanna have him on payroll?
what was the discrimination??
2007-02-18 06:47:08 · answer #9 · answered by Joe 1 · 0⤊ 0⤋
Oh My Gosh!
You are about the rudest person I have read on here and I have read some real winners!
You should be fired for thinking like you are thinking. I think that maybe the man was right and that it was discrimination. You are doing it to him now by asking how to fire him, cause you didn't like what he said. YOU should be the one to be fired. I hope he don't quit and that you have to fire him and that you HAVE to pay unemployment!!!!
CARMA!!!!!
2007-02-18 06:44:00 · answer #10 · answered by Anonymous · 1⤊ 2⤋
he could claim constructive dismissal then, seeing as you are going out of your way to get him to quit. seems that the company is now causing discrimination.
2007-02-18 06:42:07 · answer #11 · answered by Anonymous · 1⤊ 0⤋