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Shadowhunter123 · Feb 18, 2014, 08:46 AM

Ok so what happened was

I was a manager on shift in a fast food place.
One of my staff who is notoriously lazy didn't show up on time for his shift so I called in a replacement.

The staff member showed up late with incorrect uniform and expected to be able to work.

When I told him to go home as his clothes were wrong and he was late, he became aggressive and rude. He started threatening me and swearing at me in front of staff and customers and threatened to kill me. I then told him he was fired and to get out.

His mum then rang up and said its against the law to sack him for those reasons and said she's going to complain about me and get me fired

My question is, does she have a leg to stand on? I'm pretty sure his actions warranted a termination of employment.

ebaines · Feb 18, 2014, 08:49 AM

In what country did this occur? You used the word "mum" so I'm guessing UK or perhaps Australia?

smoothy · Feb 18, 2014, 08:51 AM

Let her try... she doesn't have a leg to stand on.

Baby boy is an AT-WILL employee (Assuming the USA)... meaning he is there at your will as well as their own. You don't NEED a reason to fire him.

Make sure you document everything that happened... That is insubordination as well as workplace violence... and those are BOTH significantly more serious than wearing the wrong clothes. Make sure you superiours in corporate (or your bosses or the owners) are aware of THAT behaviour.

Depending on how long ago this was... it might be wise to file a report with the police about the threats...

ScottGem · Feb 18, 2014, 10:32 AM

Any question on law needs to include your general locale as laws vary by area. So we can't answer without knowing where this is. Also whether the employee is covered under a labor contract.

J_9 · Feb 18, 2014, 09:53 PM

He started threatening me and swearing at me in front of staff and customers and threatened to kill me

This is insubordination and is grounds for termination.

Shadowhunter123 · Feb 19, 2014, 12:26 AM

We are in Australia

Shadowhunter123 · Feb 19, 2014, 12:28 AM

Thanks for the help

Set my mind at ease
The boy never signed any documentation for his job, we basically just hired him, and while our company does use a written warning 3 strikes system, I was told today that they can be overlooked in extreme cases which I and my superiors think this is

Thanks again for help :)

Fr_Chuck · Feb 19, 2014, 02:00 AM

First you can not get in trouble, is it all happened this way.
Next his mum, should not get involved and in most companies, you are not allowed to discuss this with her, but allow management to handle it.

ScottGem · Feb 19, 2014, 05:27 AM

Ok, Australia does have some rules about this:

Termination of employment fact sheet - Conditions of employment - Fact sheets - Resources - Fair Work Ombudsman

However, I don't know whether your business is covered by these rules, so you might want to check them further. Even if covered, I agree with your superiors that his conduct warranted immediate dismissal.

The fact that mommy came to his aid, tells me he's probably a spoiled brat who thinks he can get away with anything. If his mum tries to pursure this further, I would tell her, if she does you will have him prosecuted for threatening to kill you. That should shut her up.