How to get rid of problem employee?

Question

We have an employee that shows up late, calls in on Fridays, has a lousy attitude and does not do very good work. We have also smelled booze on her some days.
She must have figured out we wanted to get rid of her, because she filed a sexual harrassment claim against one of the team leaders she works for (tactical on her part, because I think she knows it will make it harder for us to get rid of her).

Need ideas on ways to make her quit or to fire her and not have her qualify for unemployment.

We are a small company and can't afford the dead weight... she's trouble.

Answer 1

My hubby and I own a small company as well, and I know exactly what you mean by not being able to afford the dead weight.

If you can back up what you're saying with written fact, then you should have no problem firing her. Make sure every meeting with her has written notes recorded, have her sign a copy of the notes so that she understands what's at stake. But if you fire her, you know she's eligible for unemployment. Wouldn't you rather your rate go up a little bit here? That's way cheaper than having "dead weight" (as you put it) on staff.

The other thing you can do (this is somewhat sneaky as well) is make her job so horrible, she quits. Keep giving her assignment after assignment that is so distasteful to her, that she'll quit (hopefully). Save all the grunt work for her. Save all the garbage junk that NO ONE likes doing, for her. Cut her to 1/2 time as well, if you can justify that....just be prepared to back everything up in writing. Hopefully this will get her to quit.

Check with your attorney on anything you wind up doing though, especially since she's already filed a sexual harrassment claim. Good luck!

Answer 2

"Need ideas on ways to make her quit or to fire her and not have her qualify for unemployment."

I have some serious concerns about your above statement. Asking a good wayt o make her quit is asking for tips on constructive dismissal. That's ILLEGAL!! So too is ensuring that will not qualify for unemployment! What do you care whether or not she gets unemployment? So long as she leaves, you should be satisfied.

I understand your frustration with a problem employee. I have encountered my share and have heard horror stories from friends of mine who have run companies. For a small company, yes, a problem employee can cause some real damage and possibly sink a business.

The best answer is just to give her a "buyout". Get a lawyer to draft some kind fo legal agreement and what amount of money it will take. It needs to be enough so that any lawyer she goes to will advise her to take it. The cross your fingers and hope she does. As for unemployment insurance, that's her business not yours. Although she's a problem at work you don't want legal action either. That's a nightmare for an employer and I can see something like this dragging on for a long time. Just pay her to go away and be done with it.

If she's really this bad, how did she pass her new hire probation? Make me wonder.

-- Liam

Answer 3

First you should have been documenting when she isn't performing up to expectations. You'll need an ongoing record. It would also be a good idea to develop a behavioral performance plan which spells out in detail the improvements you want to see from her. Your goal as an employer should not be to get rid of her but to get her to be a productive team player. If all your looking to do is fire her then do it and deal with the pending lawsuit and unemployment. Otherwise treat her like you'd like to be treated. If you smelled alcohol on her breath it should have been documented. If your not documenting these things and having conferences to show that your pointing out the problem areas and what you expect behaviorally for her to change in order for her to improve then she will and probably should get unemployment. If you start documenting everything she does she will know you are getting ready to fire her and also she may just look for another job. make sure you follow up on the harrassment charge and resolve it otherwise she is much more in control.

Answer 4

Depending on what State you are in, Unemployment is almost inevitable. Your main concern should be in avoiding a lawsuit. Are the attendance issues well documented? Have you already counseled her on these problems? Do you have any type of formal attendance policy? Can you quantify the work-quality issue(s)?

If you just try to make things hard for her so she quits, you will be potentially fueling a retaliation suit for the harassment claim. Your best bet is to quantify the performance issues vs. expectations and terminate her for that. She will probably receive unemployment because most states look at "gross misconduct" or voluntary relocation as the only reasons not to receive benefits.

Answer 5

First, you must scrupulously investigate (and document!) her harassment claim. Get statements from her, her alleged harasser, any potential witnesses, copies of phone records - anything that will dispute her claim. Make sure your workplace legal postings are up to date as well. Document your conclusion of the investigation (no evidence found, her "harasser' was warned to stay away from her, whatever is appropriate) and close the case.

The law does not prevent you from dealing with a problem employee just because they may have a claim against the company. If you have clear policies with respect to attendance, and she is violating them, write her up for attendance. If her work performance is poor, write her up for poor performance and establish a corrective action plan with metrics that she must meet. Re-review her performance in thirty days and if she still isn't cutting it, write her a final warning. If she screws up again, she's out.

Bottom line - document, document, document. It's your best defense not only for an unemployment claim but for the potential litigation an employee like this often instigates at some point.

Good luck!

Answer 6

relies upon on your attitude. while you're a exertions chief then you definitely in all probability locate that administration is often at fault. on the different hand while you're a supervisor you would be able to experience workers are no longer inspired sufficient. for the reason that I even have been in the two categories i'm able to declare from journey that the fact lies interior the midsection. Employers have a suitable to assume a honest days paintings for a honest days pay. workers have the only right suited to paintings in a heathy ecosystem inwhich the business business enterprise obeys each and all the exertions rules. issues happen whilst one or the different social gathering would not stay as much as their household projects. many of the time administration demands too plenty and exertions desires to offer too little.

Answer 7

It is difficult to tell you what to do as the laws are different accross the boarders. "Making her quit" is essentially constructive termination as you are not explicitly firing her but are making a fundamental change to her employment contract by changing her duties (i.e. assigning more work or assigning duties that represent a demotion). You must be very cautious in your approach as she may bring a suit and complaint for wrongful dismissal on the grounds of an untenable working environment if you have not invesigated her claim of sexual harassment because the employer is obligated to provide a safe working environment and this includes providing protection from harassment. Employing tactics to "make her quit" will provide her with more ammo to bring a suit against you the employer for creating an untenable work environment as you actions serve to perpetuate workplace bullying. I suggest you get acquinted with the employment legislations which govern your business and where you reside as it will help you determine your options. You should seek the assistance of someone who specializes in employment law such as a lawyer. Prior to meeting with the lawyer, you should get all relevant information that not only substantiate your case but negate it as well such as performance records, and what was done or not done in response to her complaint of sexual harassment. So check out the employment standards legislation for where you reside and also some caselaw to see what other employers have done in situations similar to yours and what failed them in their case so that you may be sucessful.

Answer 8

Document all problems with her, including interviews with all other co-workers and managers. If you are in an at-will state, you can terminate her at any time, without providing a reason. The other interviews, etc are just further documentation to prove you didn't fire her without cause.

However, don't make the mistake of NOT completely investigating her complaint of sexual harassment, as if you fire her w/o a complete investigation she can sue you for a retaliatory termination.

Answer 9

Are you an employee or the employer? From the employer's perspective, there should be a paper trail supporting the job performance issues. I am not an HR person, and I can't advise you legally on what is being risked; she may know the game and how to play it.

Answer 10

Talk to a lawyer (spend the money). She needs careful handling and at the same time you can explore having her charged for filing an unjustified sexual harrassment claim.
Talk to a lawyer, she is trouble, do things properly.