I have 6 employees and wanted to get a pic of all so that I could use it in a commercial spot. This particular employee stood everyone up this morning by not showing up for the shoot. I rescheduled it for 1, and he stopped by the office while I was gone to lunch and my secretary explained to him the importance of him being here because we are a team unit. He was very rude to her and said, "What's he gonna do, fire me?" in front of several other employees. I did not email him his work for tomorrow and he called. I explained that the picture was mandantory and he needed to participate, or else bring his keys and personal items to work. He asked if I was firing him, and I left it that I assumed by his not participating that he was throwing in the towel, as he has been on a downward slump for several months bragging about how little he does to other employees and telling him that he hopes he gets fired so he can draw unemployment. What do you make of this as far as an unemployment claim?
2007-07-10 14:49:26 · 26 answers · asked by Josh S 2 in Politics & Government ➔ Law & Ethics
I appreciate all of the response. I have decided to write him and explain that I understand his right to refuse to be photographed, and that he may continue to have his job. I also appreciate all of the excellent advice on the proper way to follow this up to protect my own interest. Thanks!
2007-07-10 15:31:09 · update #1
You should check with a lawyer in your state. It is unlikely that he has the right not to be photographed under the "at will" doctrine in the U.S. However, there may be some case law to the contrary in your state.In general you can fire they guy simply because you wanted to have the experience of firing someone -- just as long as you don't do so in violation of the exceptions to at will employment in effect in your state (e.g. discrimination, whistle blowing).
However, if you fire someone because you just feel like it, he's going to be able to collect unemployment and drive up your rates.
The facts suggest that a termination with cause is in order here.
A lawyer could help you built a "with cause" file to document a termination with cause. Be sure to document every bad act you have up to this point. When you go to the lawyer, be ready to say "ON may 1, 2007, he said this and A, B, and C heard it."
2007-07-10 18:18:29 · answer #1 · answered by Bill G 2 · 0⤊ 0⤋
Well, if you fire him, he is unemployed. And where does it say that employees are required to be photographed and presented to the broadcast and print public. Some people like it and you don't say what business is involved, but if you are sending work by e-mail, it sounds like a job with little exposure to the public in a broad way.
I realize it takes a bit of imagination but I can think of former co-workers, relatives, or people he owes money that might have threatened him or gang members in an old neighborhood.
You might want to get the other employees to sign a public relations release (model's release) before you make assumptions about their willingness and your liability in using their images.
2007-07-10 14:58:23 · answer #2 · answered by Mike1942f 7 · 0⤊ 0⤋
He is within his right to refuse..but you are within your right to fire him for his insolence...but be careful you could be facing the labor board if he can prove you fired him because of refusal to be photographed for a commercial! About Unemployment ..if you can prove sub standard work ethics he cant collect unemployment,, write him up a few times then fire him.. with documentation you can keep him from collecting!
also if you can get the employees to (in there own words / handwriting) put down what he has been saying it would also help your case!
2007-07-10 14:59:14 · answer #3 · answered by lifetimefamily 4 · 1⤊ 0⤋
why would you force your staff to participate in a photo anyway? Maybe he doesn't care to have his picture plastered all over advertising for your company. I most certainly wouldn't want my picture out there - there are people I would much rather not know where I work or how to find me.
If you fire him, don't make it because of the photo issue, it needs to be his lack of performance. If you have enough "evidence" that he is not doing his job then you can proceed. First you have to have a meeting with him and formally write him up for his performance (or lack of). This should state that it is putting him on probation, so to speak, and if he doesn't improve, he will be terminated. Maybe there is something that he doesn't like that could be changed to improve his attitude at work. Try to get him involved in coming up with ways to make his work life better.
If you fire him over the photo, you leave yourself open to a wrongful termination suit.
2007-07-10 15:03:05 · answer #4 · answered by irishkittie79 4 · 1⤊ 0⤋
I think you have a problem, if he is being fired for not wanting to be involved in a photo shoot he will be able to draw unemployment, and perhaps have a legal issue with your company. Has he ever signed a contract stating that he is required to take part in advertisement promotions? Is having his photo taken for such purposes part of his job description? If not, you may want to offer his job back right away.
2007-07-10 15:11:26 · answer #5 · answered by catywhumpass 5 · 0⤊ 0⤋
You cannot terminate your employee for failure to appear in marketing materials. You do not own the right to his image, and can't force him to do this as a condition of employment. That being said, he was not terminated for just cause and will probably be awarded UC. However, depending on your right to work/state laws may vary. If you want to be rid of this person, you must have a just cause, such as insubordination, paired with any violation of company policy including being 1 minute late to work. You could write him up for failing to appear as required for a meeting. Lots of avenues here to explore. Get out your handbook, or policy statements and use your imagination. If you really want to find a violation, you probably could for most anyone.
2007-07-10 15:03:22 · answer #6 · answered by marc 1 · 0⤊ 0⤋
The claim he might make has nothing to do with you after the event.
However if he had an objection to doing the photo shoot he could and should have made an objection prior to the thing and saved people inconvenience. He is however not obliged to do such a shoot under his contract of employment - most likely, if you proceed as you obviously plan to, and take it he has 'resigned' then he will sue you for wrongful dismissal and he will win.
2007-07-10 15:00:02 · answer #7 · answered by LongJohns 7 · 0⤊ 0⤋
Unless he signed a contract with you stating that you have the right to use him in commercial advertising material, then you have no claim against him for not wanting to be in the shoot.
however....
He sounds really immature, and self centered. Don't fire him, suspend him for an undisclosed period of time, and then he'll eventually quit when he sees no money is comming in.
Good luck!
2007-07-10 15:03:08 · answer #8 · answered by Saoirse 3 · 0⤊ 0⤋
He can probably get unemployment if he files for it. He can also slap a lawsuit on you if he didnt sign anything agreeing to be in these photos or if he had a valid medical or other reason for not participating with the photo op.
2007-07-10 14:53:03 · answer #9 · answered by Anonymous · 2⤊ 0⤋
I'd fire him but I'd make sure it isn't about a photo shoot
You do not own his image unless specific contractual ageements have been signed
Unless that has happened and he is in breach of contract then I do not see how you can order him or anyone to have his picture or image used for the corperation
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Not a lawyer - or even close to one -
In fact I have never even lived beside one
2007-07-10 14:54:19 · answer #10 · answered by Anonymous · 2⤊ 0⤋