Anyone familiar with employment law?

[Pugdog007]

I have an employee that's had an attitude problem as long as she's worked for me (about 2 1/2 yrs) and it's been documented many times.

She's let it be known to her co-workers that she is actively looking for a new job, and has been sending out resumes from the office.

She's in a protected class (white female > 40 yrs.)

Can I terminate on this alone?

 

[tiggersmom2]

Originally posted by Pugdog007
I have an employee that's had an attitude problem as long as she's worked for me (about 2 1/2 yrs) and it's been documented many times.

She's let it be known to her co-workers that she is actively looking for a new job, and has been sending out resumes from the office.

She's in a protected class (white female > 40 yrs.)

Can I terminate on this alone?

Absolutely! My father is a Dentist and has had this problem with a former employee (she was 52). She had a lousy attitude and was nasty to everyone - he called the GA dept. of labor and asked what he should do and they said DOCUMENT. Since you have this documentation- go for it, fire her butt!

 

[zippeedee]

Being in a protected class only protects an employee from being terminated solely for that reason. She would have to prove that you terminated her due to her age and replaced her with someone younger. Documentation is your friend. Too many people don't do it, then wonder why the judge doesn't just believe them.

 

[jennyanydots]

being in a protected class means you can't fire her for reasons that relate to her status as a classmember. you're nto stuck with a poor employee, however. but be careful to make sure that her age and gender are NOT mentiioned as a consideration for termination -- in some jurisdictions, if she can prove they were a consideration, even if yu have other reasons, she could make out a case before the EEOC (assuming your business qualifies for EEOC consideration.)

 

[cats7494]

Originally posted by Pugdog007
I have an employee that's had an attitude problem as long as she's worked for me (about 2 1/2 yrs) and it's been documented many times.

She's let it be known to her co-workers that she is actively looking for a new job, and has been sending out resumes from the office.

She's in a protected class (white female > 40 yrs.)

Can I terminate on this alone?

I am sure your company has policies regarding use of computers - soe if she is using company time and resources - that is definately grounds for termination.
The "attitude problem" - as long as it affects work and not just because you don't like her.

I agree with jennyanddots - be careful in your termination paperwork not to list anything about age or sex.

 

[disneyatl]

I've worked in a human resources department before and believe me when they want to get rid of someone, they document EVERYTHING. If the person is late....document, if they are late returning from lunch....document, if they have an attitude problem...confront the individual and document the conversation. There are tons of things. If you have all the proof, you will be definitely be ok to terminate the individual.

 

[Toby'sFriend]

I think it very much depends on your local and state employment laws and what exactly you mean by "has an attitude."

 

[workinggal]

WV is an at-will state. You can fire a person for no reason at all here. Nothing is needed since its's "at-will" employment.

 

[Conversationist]

I am discouraged by employers who fire for attitude? How would you like it if someone fired you because they did not like your personality but you were a hard worker but just had a different personality than your boss.

Fire due to performance not personality?

 

[Maleficent13]

To me, the most important quality an employee can have is a good attitude. I can work with someone on job skills and performance; I can't do anything with someone with a lousy attitude.

To the OP: I also reinforce the document theme! Write everything down. And when possible, make her sign it.

 

[Missy1961]

We had a similar situation at my job. She wasn't older than 40, but she was everything else in your description. She was mean to co-workers, nasty to outside sales reps, just not nice to be around. She went thru a co-workers desk to check her timecard--she had no right to do this. Our office dress code was "business casual--but no jeans" She wore jeans every day. She was friends with the previous manager of her group, and even after he left she still was nasty. She did lousy work. We are allowed to do some OT work at home--she lied about doing it. We all couldn't believe that upper management wasn't firing her. Well, what we didn't know was that they were documenting EVERYTHING. They fired her about 2 months ago. And boy, is work better! It was the first time in 20 years of working that I was glad to see someone fired. And even though this has nothing to do with her overall job performance, she had BO. It was nasty sitting near her. Please don't flame me for mentioning that, it was part of the overall package. It was the truth.

 

[ripleysmom]

You can fire her but there is nothing to prevent her from collecting unemployment especially now that you know she is looking for another job.

 

[stacy2197]

And even though this has nothing to do with her overall job performance, she had BO. It was nasty sitting near her. Please don't flame me for mentioning that, it was part of the overall package. It was the truth.


I work in a factory and I've seen a couple people get wrote up for this. How embarssing.

 

[Tiffany]

Originally posted by Pugdog007
I have an employee that's had an attitude problem as long as she's worked for me (about 2 1/2 yrs) and it's been documented many times.

She's let it be known to her co-workers that she is actively looking for a new job, and has been sending out resumes from the office.

She's in a protected class (white female > 40 yrs.)

Can I terminate on this alone?

Yes, but I would advise to not use the word "attitude". Document all of her behaviors that she has done that were not appropriate for her position. Document, document, document. Start a record of conversations. Example 08/27/2004 Friday. I had to speak with "X" today about treating a customer in a rude manner.

You want to make sure that all of your documentation is factual.

Is there a company policy regarding computer use? If so depending on how it is written she could be terminated for using it for personal use. If you do this though you would have to fire everyone who uses the work computers for personal use.

The key to HR is document and make sure you are enforcing the policies, rules, standards fairly.

 

[Pugdog007]

Thanks for all of your replies.

I know you can terminate for a poor attitude as long as you've documented "behaviors" but because it is was blatant, I really wanted to terminate because of her job search.

Our attorney approved a separation agreement that paid her for 2 weeks if she signed it. It states she can't ever sue us for age discrimination. It's ridiculous to have to do this with a termination "for cause" but we did it on attorney's advise. Tonight someone with a very bad attitude is out of a job here in B'ham.

Conversationist: A bad attitude can occur with any personality type.