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Old 09-24-2001, 09:34 PM   #1 (permalink)
 
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Ok. As a legal assistant I have access to all sorts of information. I'm presenting an idea that I provide you with employee situations, allow you to try to figure out how to solve the problem and then provide you with the correct LEGAL way to handle the situation. Situation One:Rumor has it that one of your workers, Jim, who is married, has been seeing another one of your unmarried employees, Luanne. Both work together. Luanne comes to you and tells you she no longer wants to work anywhere near Jim. In her opinion, the relationship is over. But, Luanne says Jim keeps pestering her trying to get back into her good graces.What would you do? What discipline is appropriate? How would you write it up?
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Old 09-25-2001, 04:54 PM   #2 (permalink)
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First I think a policy of no dating co-workers or clients should be in place, but I know this would be hard to enforce.So I guess I would get them both together and tell them to please keep their personal lives to themselves. If the problem persists I will have to let them both go, in order not to play favorites. Now I know tangirl is gonna slam me, so go ahead. What laws did I break? I know I did, so let me have it.
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Old 09-25-2001, 08:19 PM   #3 (permalink)
 
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1. Seperate the two who were dating in the workplace and warn them about mixing love and business and how they would force you to make a decision that would least of all benefit them, but also would definately not benefit you because of the loss.1. Hire two new associates2. Train the two new associates yourself keeping them away from the two who are dating.3. At the very next sign of trouble, write up both of the quarreling associates. (If you live in IL you have to document at least three instances of corrective action - you may have to in other states as well)4. At the very next instance of trouble, terminate both of them, OR if you have three or more locations, offer to terminate them or send each of them to seperate locations far away from each other.5. If that doesn't work, write them up for the third time and terminate them banning both from any of your places of business.BTW: If either of them has access to confidential client information, remove their access well before the termination as part of the corrective action. If either of them performs backup and maintains an offsite backup for you, also remove this responsibility. **IE. I had to fire a young lady for similiar reason, and she took my backup disks to the competition (3 miles away) and they hired her. The disks contained all my clients names/addresses/buying history. Just and FYI.
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Old 09-25-2001, 09:30 PM   #4 (permalink)
 
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Buntanner and US Solar, you are right on target. A no dating policy is good, but enforcing it is next to impossible. Your best bet is to pull them aside separately. Tell them that you cannot tolerate any problems and that if they are unable to work together you may have to fire them both and replace them. They need to come to some sort of understanding that personal issues need to be left out of the workplace. No Buntanner, I'm not going to bash you. You did good.
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Old 09-26-2001, 08:05 AM   #5 (permalink)
 
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Hi Tangirl,GREAT TOPICS!!Do you know if it just an "unwritten" law or rule that you MUST give an employee three strikes (1st offense - written reprimand, 2nd offense - disciplinary day off, 3rd offense - discharge) before they are out the door?Have you heard of any State's Unemployment agencies reprimanding the employer for NOT doing this?In our Introduction to our employee handbook, we state that we are a "at will employer".It says... "Just as the employee is free to resign his/her employment from the company at any time, with or without cause, and with or without prior notice or warning to (insert Salon name here), (Salon) may also terminate the employment relationship at anytime with or without cause and with or without prior review, notice or warning. No one at (Salon), other than the president, has any authority to offer employment other than on this at will basis and such agreement must be in writing and signed by the president to be effective. Oral contracts regarding the terms of employment are of no effect.(Salon) is an at will employer."With these terms, if you didn't like that one of your employees suddenly decided that bright orange was the "in color" for her hair, and after failing to talk some sense into her, you could tell her to "hit the bricks".And then the same thing, if she didn't like that you did some little thing that annoyed her, she could also quit without notice.--------------------Viper Jon@phiper.fws1.com
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Old 09-26-2001, 10:00 AM   #6 (permalink)
 
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Viper, the 3 strike rule is just an example. It is neither a written nor unwritten law. It's just a very good policy to go by. Your version is quite good. I have not heard of anyone being disciplined or sued for not following the 3 strike rule. The main reason for following this method is documentation. If you fire someone they can always come back and sue or file an EEOC charge. If you are following this method, you would have the proper documentation to be able to defend any sort of claim. Think proactive! I'm glad that you have a statement about being an at-will employer. Not every state is, so if someone else is wanting to do this you need to check with an attorney in your state first. Yes, you could fire someone for dying her hair, but should you, NO! The only way you could get away with doing that is if you have a statement in your employee handbook about dress code, appearance, etc.
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Old 09-26-2001, 03:49 PM   #7 (permalink)
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Gee, I figured I would be breaking a law. Hummm guess I am smarter than I thought . hehehe
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