I want to fire my waitress!?

Question

I am a new business owner, and am sick of her! We constantly clash, and she seems to think she owns the joint because she pretty. She has been working for me for cash, and we only have 2 months together.

She did make me sign some paper regarding her child care. I confirmed that she got paid for 40 hr weeks cash. also by phone.... I just want to know if I can get away with dropping her and not have it come back and bite me on the butt.

thx

I live in IL.

I began paying her cash because she needed the money for her kid. As a worker she is average... She great with the people! but her behavior encourages others to question my authority. I hate to see her go, but I don't think I have no choice... She is very hard headed! She has to be right not matter what... which is to bad.

Answer 1

Tell her that under her 90 days probationary period, you need to terminate her from her position. No explanation needed.

Make a form like this:

I __________ understand that I am being terminated under my 90 days probationary period as of (month , date, year)
I understand that I am responsible for all my taxes and I will receive a 1099-MISC form by February 2008 for all wages received by (business name and address).


__________________
Signature & Date


______________________
Witness Signature & Date




and keep it on file in case it comes back at ya!!

Answer 2

If you live in The States, and in a state that practices At-Will Employment, you don't need a reason to terminate her employment

http://en.wikipedia.org/wiki/At-will

The paper you signed was probably just an employment verification for child care or rental. It's never good idea to pay "under the table", as others have pointed out. Start doing it the legal way. You could tell her you will be using the prior 2 month's pay to total up the taxes you should have been taking out in the first place, and that amount will be deducted from future paychecks (which you should do anyway, to cover your end).

Just sit her down and explain that the relationship (waitress/owner) is not working out as you had hoped, pointing out certain circumstances as examples.

Answer 3

If she isn't doing the work she is being paid for, then fire her. If she is annoying customers, customers complain about the service received from her, fire her. If she is a thief, fire her. I think it's a bad idea to be paying cash. The best thing to do is to have her fill out the w-4 so that all the tax withholdings can be done legally. Don't be signing papers regarding her personal affairs. If you were paying her by check, she'd have the check stubs to show to the necessary bureaucrats.

Answer 4

If she is a hard worker and has a child to support, please reconsider. Is there some bar you can take her to for a chat during the day? Just be blunt. Say you don't like her attitude. Her responses might surprise you. Maybe she thinks you have been unfair or unpleasant.

Don't expect her to hold back criticism. Let her say what's really on her mind. Sometimes, a relationship can be made better by clearing the air. If she says some uncomplimentary things about you, don't lash out at her. Maybe she's right. We're not perfect.

Being generous can be a wonderful feeling. You have the opportunity to be civil and gracious to this woman. Don't pass it up.

Answer 5

Tough question, mainly because you have been paying her cash and thus since you have no proof of paying taxes on her wages she has that against you, then you signed a paper that she was working 40 hours a week for you, you are in a legally tough situation, and she knows it, you have been set up. What you need to do is get a lawyer and explain this situation to him/her and get this resolved before she basically through blackmail takes over your business

Answer 6

DON'T EVER PAY AN EMPLOYEE CASH. DON'T EVER ADMIT TO IT IF YOU DO. THE IRS WILL WANT TO TALK TO YOU. Anyway if she causes problems for you it will also cause problems for her. You can always claim her as a 1099 contractor. The IRS won't like it but it was only two months. Get rid of her now or start paying her with a check and withhold taxes. Always fire someone that isn't working out in the long run it helps you both and nice guys get to watch their business fail.

Answer 7

I am not really clear about your question, If she is not doing the job that your hired her for then of course you can let her go. Being a waitress is hard work and requires more than beauty. Also, it doesn't sound like she shows you any respect. The paper you signed sounds like you hired her for a full 40 hr week and you have done that, so to me it seems like you can let her go if she is unable or unwilling to do the job. This is just my humble opinion.

Answer 8

Some states have "without cause" laws and the employer can fire you if and when he wants to. The fact that you have not been withholding social security and income taxes from her salary could come back to bite you though, if she files for unemployment benefits. You're between a rock and a hard place.

Answer 9

You can't fire someone just because you guys clash. Is she a good worker? Did you write her up for anything? Why did you pay her cash, and not a paycheck? Sounds fishy to me.

Answer 10

If you are paying her cash then you have no legal ties to her. The paper you wrote her for daycare wont hold water unless she has a paystub. If does anything to get you in trouble, she may be getting herself in trouble for fraud through various agencys. Next time you pay cash...leave no papertrail. None.
As far as getting rid of her, just fade her off the schedule. No big deal. Dont argue with her. Just cover your azz.