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  1. #1
    Join Date
    Jun 2011
    Posts
    2

    Default What's the Best Legal Process to Fire an Employee

    My question involves labor and employment law for the state of:
    I run a hotel and rv park. We just hired two housekeepers for the summer time rush where we do 6 times the business. We're having troubles with one of the house keeper being late and already taking 8 days off due to sickness. We hired them with the intent for just summer time work but it could possibly turn into a long term situation. The problem is we did not have them fill out any paper work out except the tax forms. The house keeper we're trying to get rid of believes shes an expert in hospitality. I do not want to pay her UI or have her try to sue us. I have not documented any situations when shes been late. Shes been working for one and a half months. We were planning on letting her go or scaling her house way back to one every week or two weeks. Please let me know the best way to approach this problem.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,432

    Default Re: What's the Best Legal Process to Fire an Employee

    Start documenting the problems.

    There is no possible way to guarantee that you will not be sued, but you can protect yourself by documenting the issues you have with her. This will also help with unemployment. You need to realize that in most if not all states (and you did not indicate yours despite being asked for it) unemployment is geared in favor of the employee. An employer who wants to contest unemployment will need to show not only valid and supportable reasons why the employee should not receive it, but also, in most cases, that the employee knew her job was in jeopardy. Going in with no documentation pretty much ensures that the employee will receive benefits. An employer can successfully contest but just as in baseball a tie goes to the runner, in unemployment a tie goes to the employee. The more persuasive support you have for your position, the better.

  3. #3
    Join Date
    Jun 2011
    Posts
    2

    Default Re: What's the Best Legal Process to Fire an Employee

    Sorry the state is California and I know there very pro employee. In regards of proper documentation what is the best way to accomplish it. Do i need to create a form and go over it with her about being late or other actions and have her sign it. Or can i document the instances in a word document on my computer.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,432

    Default Re: What's the Best Legal Process to Fire an Employee

    A word document is fine. It's best if you have her sign it. NOTE: If she refuses to sign it, you have two options. One, you can fire her for refusing to sign. Two, you can have someone witness the fact that she's refused to sign. But you want it on record that she has had the option and refused; people have been known to claim they were never told something and used the lack of a signature to "prove" it.

    A third option I just thought of - I've never used this but a colleague of mine, whose employee refused to sign a warning, wrote, "I refuse to sign this warning" on the document and the employee actually did sign that.

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