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I cannot give legal advice, only my opinion based on years of experience:
* Document, document, document everything!
* Warnings: 1st verbal, then written (and signed by both), then a signed final warning with specific guidelines and/or requirements to be met by a stated date.
* Lost sales don't mean jack unless it is linked to a performance compensation plan.
* You can't fire because she asks questions that she SHOULD be able to answer; her asking the questions shows that she's trying to learn.
* I would dig a little deeper to see what is causing the tardiness and emergencies; ???maybe she had a diabetic attack??? You really have to be careful if it is a medical condition; employment law protects the employee when it comes to this.
* DO NOT comment on her physical appearance, here at s2ki.com or anywhere; it may seem funny and innocent at the time but can come back to haunt you!
* Did I mention document, document, document!!!
Originally Posted by itsallforyou,May 3 2005, 08:23 AM
I cannot give legal advice, only my opinion based on years of experience:
* Document, document, document everything!
* Warnings: 1st verbal, then written (and signed by both), then a signed final warning with specific guidelines and/or requirements to be met by a stated date.
* Lost sales don't mean jack unless it is linked to a performance compensation plan.
* You can't fire because she asks questions that she SHOULD be able to answer; her asking the questions shows that she's trying to learn.
* I would dig a little deeper to see what is causing the tardiness and emergencies; ???maybe she had a diabetic attack??? You really have to be careful if it is a medical condition; employment law protects the employee when it comes to this.
* DO NOT comment on her physical appearance, here at s2ki.com or anywhere; it may seem funny and innocent at the time but can come back to haunt you!
* Did I mention document, document, document!!!
Good luck. I wish you the best.
Kevin
Kevin is correct if you are in Maryland. Virginia is a right to work state, if there is no contract then it is an "at will" contract under the law. Which means simply that you can fire her for her hairstyle, attitude, anything that YOU the employer do not like. There is also a 30 day period of probation, if you fire her before her 31st day, she cannot collect on unemployement.
Her actions definitely lay grounds for firing her. I, too, am from the "Document EVERYTHING" camp (see image below for point of reference).
If you want my recommendation, you're either working the booth to cover her immediately (because you fire her on the spot and have to cover her shift), or you work with her for a couple days now, documenting and reprimanding her at every opportunity (to which you'd be working the booth regardless). But (meeting in the Food Court should do here...public) I would personally start a meeting with her this way:
1. Take what you've already written in your initial post, and re-write as a bullet-pointed listing of areas you are displeased with her performance.
2. Inform her that you will be "roaming the halls" watching her performance on these issues for the next week. If she fails to improve, she will be let go.
3. She does not leave that meeting until she signs an agreement that she understands where she's lacking in your expectations and that she agrees to meet your expecations from this point forward.
4. If within the next week of observing her habits, she fails to meet your expectations...fire her.
05-03-2005 | 04:23 AM
