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My employees work at my pleasure but I can not just up and fire them

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Toots Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-09-07 05:08 PM
Original message
My employees work at my pleasure but I can not just up and fire them
I have to have very sound reasons and make sure those reasons have been discussed with the employee. Anytime I release an employee I have to answer a multitude of questions from Dept of Labor. What was the cause, was anything done to mitigate the concerns, was fair notice given. The only reason I could just up and can an employee on the spot is for illegal activity. Why must I as a small business owner have to comply in this fashion and the pResident does not? The US Attorneys may work at the pleasure of the pResident but labor laws still have to be obeyed.
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OlderButWiser Donating Member (389 posts) Send PM | Profile | Ignore Wed May-09-07 05:12 PM
Response to Original message
1. By definition then...
...your employees do not work for you at your pleasure. What type of company are you that has to report firings to the Dept of labor?
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ingac70 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-09-07 05:15 PM
Response to Reply #1
3. State's Dept of Labor...
Edited on Wed May-09-07 05:15 PM by ingac70
Asks questions of the employer before paying out unemployment.
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Selatius Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-09-07 05:15 PM
Response to Reply #1
4. Usually, the DoL heavily monitors larger companies, not mom and pop stores
I could be wrong though, but he might be more worried about the EEOC than the DoL because if he fires employees on account of race, color, religion, gender, or nationality, Johnny Law is going to bring a case against him for discrimination.
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OlderButWiser Donating Member (389 posts) Send PM | Profile | Ignore Wed May-09-07 05:22 PM
Response to Reply #4
7. It would seem silly to...
...fire someone on account of race, color, religion, gender, or nationality when he had to hire them in the first place. Although I suppose some of those categories would be more obvious on the hiring date than others.
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Selatius Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-09-07 05:31 PM
Response to Reply #7
8. It works both ways. The EEOC can also bring a case for discriminatory hiring practices. n/t
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niyad Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-09-07 05:13 PM
Response to Original message
2. unless the employee is a union member, that is EXACTLY what can happen in many jobs, especially if
one is in a "right-to-work" state.
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qdemn7 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-09-07 05:17 PM
Response to Original message
5. Because
US Attorney's are political appointees?
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Coyote_Bandit Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-09-07 05:21 PM
Response to Original message
6. Move to an employment at will state
You can fire your employees for any reason at all. Or no reason.
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ayeshahaqqiqa Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-09-07 05:35 PM
Response to Reply #6
9. And you can lie to the unemployment office
so you can continue your streak of "never paying unemployment". My husband's boss gave a job he sold to someone else--my husband was working on commission, but the boss didn't have to pay commission to the other employee,who was making $7 an hour. Anyway, my husband gave that as the reason he was fired, and the unemployment office asked the boss. Boss told two employees to lie and say my husband cussed out a customer -- or they would lose their job. They lied, my husband was denied, and the boss can still brag he never pays unemployment. I tell folks around here that story, ending with, "If he'd do that to an employee who had worked for him for years, can you trust him to be honest about the cars he sells you?"
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OlderButWiser Donating Member (389 posts) Send PM | Profile | Ignore Wed May-09-07 05:40 PM
Response to Reply #9
12. They will still get unemployment
even though they are an 'at your pleasure' employee.
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ayeshahaqqiqa Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-09-07 06:11 PM
Response to Reply #12
14. After four weeks
and the boss was out to make sure he didn't have to pay those four weeks.
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blues90 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-09-07 05:36 PM
Response to Reply #6
10. Yeah , tell me about it !
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Sen. Walter Sobchak Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-09-07 06:14 PM
Response to Reply #6
15. Obstruction of Justice is Obstruction of Justice no matter what the state law is.
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rosesaylavee Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-09-07 06:14 PM
Response to Reply #6
16. Like Illinois...
My employment was terminated last month. No reason given. My review last summer was glowing.
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Igel Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-09-07 05:38 PM
Response to Original message
11. But what you say is irrelevant.
Edited on Wed May-09-07 05:38 PM by igil
I've sat on a board. We fired the CEO; we, under the terms of his contract, had to have a reason for breaking the contract--had we just let it run out, we'd have had to answer no questions (and been bankrupt).

When we hired the new interim CEO--a turnaround guy--he hauled each top manger into his office for a several hour chat. At the end, he either said they were fired or said they'd be kept on. Usually he'd take a break about 2/3 of the way through; if they were going to be fired, they'd return to their office to find that their desks had been cleaned out for them. They were "at will" employees ... the org's term for "serve at the pleasure of the CEO".

Then we hired the new CEO. She did more or less the same thing, but in a more feminine manner. She watched them for a month. Then, if she didn't like what she saw, she'd track down a replacement. Old guy would be told Friday afternoon that new person for the job would start Monday morning ... pack up your things.

Those manager could *not* just up and fire the people that worked for them. For them, there were rules that had to be followed, paperwork to be filled out. The top dogs ... fire them for any reason, give them 20 second's notice and have security see them to the door (with the understanding that their severance pay would be arriving in the mail).
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Parche Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-09-07 06:01 PM
Response to Original message
13. Employees
My employees work at my pleasure ?? So You work at a 'brothel'??? :rofl: :rofl: :bounce:
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DemGa Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-09-07 06:19 PM
Response to Original message
17. Then I guess they don't work "at your pleasure."
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