Would the manager of a small business have the right to fire someone who creates a hostile working environment

Question

without being sued for wrongful termination?

This person is always on time and does a good job at what she does, but she is always in a rotten mood and brings down everyones' mood with her. She is constantly trying to bully the younger employees into doing things for her, (i.e. go to starbucks and get her coffee) and if they don't do it she will spread rumors about them and talk endlessly about them behind their backs, so that others will turn against them. I know it sounds childish, but she acts like a teenage girl even though she is in her 40's, and she knows just how to push everyone's buttons. Most people try to avoid her at all cost, but it's difficult not to get caught in her wrath.

Almost everyone that works here wants the manager to fire her, but the manager doesn't think he can do it without getting a law suit (and believe me, I wouldn't put it past this woman to sue the company for wrongful termination.)

Answer 1

Definitely, however a record of complaint has to be established. First a policy has to be put into effect regarding the objectionable things the employee does. If that policy is already in place, the employee has to have been counseled about it verbally, in writing, and given a warning. Complaints have to have been filed with the employer, (these can be anonymous) and the employer is wise to inform the employment agency of that State as to the nature of those complaints and the employer's intention. This is crucial because t establishes a pattern of wrongful behavior, and safeguards the employer against wrongful termination charges. It also keeps the employer from having to pay unemployment, since the employee failed to live up to the conditions of employment. There could be another reason that the manager does not want to fire her however. Most managers will put up with a certain amount of anti-social behavior if it means they get to keep a reliable employee with a great work history. You have to convince the manager that the rotten mood puts off customers and affects sales. This is best done by getting written statements from customers, preferably ones you do not know or are related to, and preferably turned directly in to the manager! (hint - hint)

Sometimes a staff meeting does the same job without having to fire anyone. If the rest of the staff makes it generally known that they do not appreciate being bullied or ordered around outside the scope of their job descriptions, the grouchy employee will generally back off with nothing more than a warning. It's amazing how fast bullies crumble in the face of real authority!

Answer 2

Yes, most jobs in the private sector that aren't unionized are "at will" and the employee can be fired for no reason at all. The problem here is Unemployment Compensation. The employer has to pay Comp. if he fires an employee, UNLESS he fires her for breaking a rule or for wilful misbehavior or other "good cause." Bullying other employees could be "good cause" but he would have to be able to prove it, prove he warned/counselled her about it and prove she kept on doing it. He'd need to keep records.

Answer 3

i think what the manager should do is try to talk to the employee about the situation. let her know what's happening and give her a warning. if the problem persists, the manager has every right to fire her. the manager let her know how her attitude was affecting everyone and even gave her a warning. if however she does sue, then she's had a problem with her from the beginning.

Answer 4

There is a reason why severance pay was invented! You can fire an employee justly, with no severance pay or "unjustly" with severance pay. What you cannot do is discriminate. Follow procedures for termination; ie document 3 warnings referring to company guidelines, emp job description, etc.

Answer 5

Probably. Employment is "at will". An employer is not normally stuck with an employee that does not fit in. I would HIGHLY recommend the business owner discuss this with a lawyer as the laws do vary from state to state.

Answer 6

This woman needless to say enjoys belittling human beings. face as much as the bully. If she makes comments concerning to the questions you ask purely tell her you asked in view which you ought to comprehend, there are no longer any dumb questions! If she barks at you ask her if she neglected her final dose of Prozac-she'll get the message. Does she have a great you may confer with? i will't think of they might tolerate this type of unprofessional habit. certainly do no longer permit her injury your self self assurance, this is her situation no longer yours.

Answer 7

The manager has to give her so many write-ups first to save his butt so start writing her up! depends too how long she has been there,, but the write-ups ,, you only get so many and your done.