Employee Relations 102 - Page 2

tangirl · 09-27-2001, 09:48 AM

Steve, I understand that your business is your bread and butter. I'm just trying to make sure you are aware of all of the legal aspects of being an employer. Please make sure that your probationary period is in writing and is explained to all new employees. Otherwise, a claim could be filed against you with the EEOC. If a claim were to be filed and your policy was not in writing you could end up being sued and lose that bread and butter. Just the facts!

SteveMiller · 09-27-2001, 11:18 AM

Who may file a charge of discrimination with the EEOC?Anyone who believes that his or her employment rights have been violated because of race, color, sex, religion, national origin, age, disability or because of retaliation may file a charge of discrimination with EEOC. By law, EEOC must accept the filing of a charge.Anyone can file a suit even the person you don't hire. You can't stop managing your company for fear of a lawsuit. But in this case even if you had your probationary period in writing and explained to the new employee you would have to defend your self. Steve Miller

tangirl · 09-27-2001, 12:20 PM

The point I was trying to make was that if you have a probationary period rule (that is not in writing) and you just randomly fire someone, that person could reasonably file a charge with the EEOC. If your policy was not in writing you would have a harder time defending yourself. I work for attorneys, I understand that you can sue just about anyone for just about anything. My point in having these discussions is to help small businesses (such as yourself) take a proactive approach to help prevent you from being sued. I'm not asking you to go around being afraid of being sued. I'm trying to provide you with some empowerment to feel that if anything were to happen, you would have an easier time defending yourself.

SteveMiller · 09-27-2001, 02:02 PM

The Scenario was "Larry has a bad attitude. Everything is wrong with his job, his pay, the company and everything else," and "You know Larry could do a lot better if he wanted to. He just simply doesn't want to." To fire this employee is not just a randomly act of firing someone. But an act of keeping your self in business, one employee like this could and most likely would infect all of your employees, putting you in much more economic danger than any lawsuit ever would. If your policy is or is not in writing fire this employee.One other point, a continues bad attitude at work is a personality problem not easily corrected.Steve Miller

Bronze Star · 09-27-2001, 02:47 PM

I like this thread... good debate. I opened it back up.

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09-27-2001, 09:48 AM	#11 (permalink)
tangirl Join Date: Jul 6 2001 Posts: 2,184 Rep Power: 8	Steve, I understand that your business is your bread and butter. I'm just trying to make sure you are aware of all of the legal aspects of being an employer. Please make sure that your probationary period is in writing and is explained to all new employees. Otherwise, a claim could be filed against you with the EEOC. If a claim were to be filed and your policy was not in writing you could end up being sued and lose that bread and butter. Just the facts!

09-27-2001, 11:18 AM	#12 (permalink)
SteveMiller Join Date: Jun 15 2001 Posts: 130 Rep Power: 8	Who may file a charge of discrimination with the EEOC?Anyone who believes that his or her employment rights have been violated because of race, color, sex, religion, national origin, age, disability or because of retaliation may file a charge of discrimination with EEOC. By law, EEOC must accept the filing of a charge.Anyone can file a suit even the person you don't hire. You can't stop managing your company for fear of a lawsuit. But in this case even if you had your probationary period in writing and explained to the new employee you would have to defend your self. Steve Miller

09-27-2001, 12:20 PM	#13 (permalink)
tangirl Join Date: Jul 6 2001 Posts: 2,184 Rep Power: 8	The point I was trying to make was that if you have a probationary period rule (that is not in writing) and you just randomly fire someone, that person could reasonably file a charge with the EEOC. If your policy was not in writing you would have a harder time defending yourself. I work for attorneys, I understand that you can sue just about anyone for just about anything. My point in having these discussions is to help small businesses (such as yourself) take a proactive approach to help prevent you from being sued. I'm not asking you to go around being afraid of being sued. I'm trying to provide you with some empowerment to feel that if anything were to happen, you would have an easier time defending yourself.

09-27-2001, 02:02 PM	#14 (permalink)
SteveMiller Join Date: Jun 15 2001 Posts: 130 Rep Power: 8	The Scenario was "Larry has a bad attitude. Everything is wrong with his job, his pay, the company and everything else," and "You know Larry could do a lot better if he wanted to. He just simply doesn't want to." To fire this employee is not just a randomly act of firing someone. But an act of keeping your self in business, one employee like this could and most likely would infect all of your employees, putting you in much more economic danger than any lawsuit ever would. If your policy is or is not in writing fire this employee.One other point, a continues bad attitude at work is a personality problem not easily corrected.Steve Miller

09-27-2001, 02:47 PM	#15 (permalink)
Bronze Star Join Date: Apr 11 2001 Posts: 2,732 Rep Power: 8	I like this thread... good debate. I opened it back up.

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