thedocisin
Registered: 11/19/07
Posts: 5
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| #1 |
We have a problem with an employee who is often rude. We told the supervisor that if she's like this again to send her home. This morning, she was rude and nasty and the supervisor told her to go home. This employee told her flat out, "I'm not going. Fire me and put it in writing!!" So I brought her into my office and told her that she was insubordinate and should just go home and cool off. She began to yell at me and the supervisor said that there was no way she would leave. She kept repeating that she would not leave, and to just fire her--but put it in writing. I think to fire her at this point is rash since I think she is having personal problems with her home life. She has been an employee for three years now.
She told me that she would only leave if the administrator (who is out of town) tells her to go. I had to send her into the conference room so that she could cool off, and give me a minute to think.
Should I just fire her? When she is focused on her job, she is really good. How do you handle a situation where you tell an employee just to go home for the day to calm down, and they tell you they will not leave unless you fire them?
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feb360
Registered: 11/19/07
Posts: 5
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| #2 |
First and foremost, there is such a thing as a code of conduct (every business should have one no matter what the size or number of employees). The insubordination that is taking place constitutes insubordination, and very possibly termination (discharge or termination is the proper terminology). the unprofessional conduct that this employee is displaying is concerning and negatively impacts the other employee, productivity, clients, etc. It sends a message that it is OK to conduct themselves in this manner. The entire situation needs to be documented. Very objectively, document all of the conduct that the employee displayed. Any witnesses to this conduct I would also have document their observations (objectively, stay away from subjective writing).
Sending the employee home (with or without pay) is a legitimate way to get some distance from the situation. Allowing a good employee an opportunity to collect their thoughts, clam down emotionally will give them time to gain some perspective- No more than one day. Hopefully, they will realize that their conduct was unacceptable, and it will change immediately. If not, the person will decide that this is not the job for them.
My suggestion in this situation is to put this employee on Final Warning. Final Warning, meaning first, second, and last all rolled up in one (very legal). this person is to understand that the conduct needs to change immediately, be sustained... If not further disciplinary action, up to and including discharge. The employee should sign the document. If he/she refuses, get a witness to sign off on the form that the conversation took place.
PS. Depending on the impact that the employee had on the business and other staff, this may be grounds for immediate termination. Still, complete all the necessary documentation.
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thedocisin
Registered: 11/19/07
Posts: 5
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| #3 |
I would not tolerate this from any employee. I have an office policy manual that states all employees are at-will employees. That means that I can dismiss any employee without notice. It also means that they are free to leave without notice. Nothing needs to be "in writing." I would also make sure that all confrontations are well documented with the dates and a description of what happened. If she refuses to leave, I would have called the police or security to escort her out. No employee is so good that this behavior has to be tolerated. |
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adrian95
Registered: 11/19/07
Posts: 5
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| #4 |
If the practice has an attorney, consult him. If not or you do not have the "power" to consult him or her, wait on the administrator to return. I live in a Right to Work state. I believe the laws differ from state to state regarding employment and firing. Of course, no state may make a law that is less stringent than the federal law, but may make a law that is more stringent.
As far as whether to fire or not, I would give three days of unpaid leave to allow the employee to decide whether or not they are willing to address the problems that exist and continue in employment or not. If the employee decides to continue, I would, in writing, put down and discuss what must be done for continued employment. Then I would set regular reviews of the conditions outlined. If your practice is large, I would offer personal counseling with the practice paying part (or all) of the cost. The cost of finding and training a new employee, and the probable rise in your unemployement premium might offset the cost of counseling.
You have to decide if the employee is one you want to keep or not. Could drugs be involved? Do you have drug testing in your policy manual?
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candysue
Registered: 11/19/07
Posts: 3
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| #5 |
Suspend her pending an investigation into her behavior. You can remove her, give her time to "cool off" and talk to your administrator when she returns. In the meantime, the employee does not get paid and is unable to collect unemployment.
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