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    dabbott's Avatar
    dabbott Posts: 2, Reputation: 1
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    #1

    Mar 12, 2013, 08:13 AM
    Hostile employee
    If during a meeting regarding an employee being wrote up by the owner of the company the employee told the owner that she did not need to hear what he had to say that she already new where she was wrong what could be done. She refused to sign the write up. The employee had an attitude and would not let the owner of the company talk with out talking over him. As an employer what can legally be done?
    dontknownuthin's Avatar
    dontknownuthin Posts: 2,910, Reputation: 751
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    #2

    Mar 12, 2013, 08:54 AM
    You should know what employment laws are in your state. In many states, people can be fired without cause. Refusing to listen to the boss or sign a reprimand sound like good reasons to fire a person to me, unless the reprimand is bullying or otherwise inappropriate in nature.

    What was the reprimand about? What state are you in? And you don't need to write this in the third person - hard to read. Just tell us what happened, clearly you're the boss, right?
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #3

    Mar 12, 2013, 09:05 AM
    The employer doesn't need her to sign a write up unless it's published company policy. The employer should have fired her on the spot, and not allow any employee to walk all over him or he will lose his status in the eyes of all staff. It doesn't mean he has to be a dictator or unkind - just businesslike.
    If he has a policy for write ups, warnings, probation, and any other steps to firing, then that's one thing - he should follow them. But if not, there is no law that says he can't just fire her and watch her get her things (don't let her near a computer), get her key, and escort her off the premises.
    He needs a secret plan in place for changing passwords to keep his computers secure.
    odinn7's Avatar
    odinn7 Posts: 7,691, Reputation: 1547
    Entomology Expert
     
    #4

    Mar 12, 2013, 09:20 AM
    I own my own business in Pennsylvania... if I had someone talk to me like that and refuse me that way... there's the door, don't come back. That's how it should have been handled.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #5

    Mar 12, 2013, 09:37 AM
    Hello d:

    As an employer what can legally be done?
    If your employee is not protected by an employment contract, or is a member of a union, or is in a protected class of persons, then her employment is "at will". That means you can fire her for ANY reason, or NO reason at all.

    If you have a written employment policy that contravenes those rights, I'd change it to reflect reality. It's nice that you have a grievance process. But, don't lock yourself into it, or in short order, the chickens will be running YOUR hen house.

    Excon
    dabbott's Avatar
    dabbott Posts: 2, Reputation: 1
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    #6

    Mar 12, 2013, 08:56 PM
    I am in Texas and yes we do have a right to work State. I am indeed the boss and she is the only female employee and falls under the minority class. We are a small business and don't need any issues. I am not very clear on HR stuff so I am hear trying to get answers. I have suspended her until Monday with it being known that that behavior will not be tolorated. Just need to know my rights so I don't end up in a lawsuite. Thanks for the help.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #7

    Mar 13, 2013, 03:11 AM
    Right to work has nothing to do with an employee's right to work; it governs contracts between employers and labor unions. And her being a woman, even the only woman working for you, gives her no special rights. The Labor Dept uses the term 'women and minorities' for such things as tracking statistics of hiring and wages, and for small business loans, but they are not given special treatment except for those loans. Government employers have their own strict rules for hiring that don't apply to private employers, given that they are running on taxpayer dollars.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #8

    Mar 13, 2013, 08:06 AM
    She has no special rights being a women or even if other minority, Again those are merely tracking terms. If she is not being treated different because of being a women, then that is not even an issue.

    1. she can be required to be silent and listen to the boss, if she refuses to be silent, she is not following directions
    2. she does not have to agree with write up.
    3. she does not have to sign write up, The few times I have had issues over the years I always refused to sign, or signed ( if required by rules) signed under protestt and noted I did not agree with the warning.

    The level of the attitude will decide what I would do, normally if they are disrespectful, they are either fired or given a final warning,

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