Should I fire her? And if so, What do I say?

[christianfrend]

I own a small storage facility company (2 locations) and I recently hired an assistant manager to oversee employees, deal with tenant complaints/concerns/questions, set up and run auctions, and fill in as needed at the front desk. She signed a 90 day probation period form stating that we had the right to let her go without question or explanation in those 90 days.

We are in week 3 (she’s just now coming back from her week break), and I think I should fire her before her shift begins as to not have to worry about giving her another paycheck.

I’ve listed the issues below, and it’d be appreciated if y’all could let me know if these are red flag issues or something that should be discussed first. Also, I really need advice on what to say when I let her go today as this is my first time firing someone.

Issues:
She immediately requested a week off for our local holiday of Mardi Gras as her daughter was coming in town and they had many plans. I granted her the time off as I understand that many locals are deeply involved in M.G.

If this had been the only issue, I wouldn’t have worried, but I’ve been getting complaints from the other four employees regarding her performance and attitude towards the job since week one.

They’ve said the following:
- Takes 8-10 smoke breaks a day
- always glued to phone
- Closes office and runs closing in software 30 minutes before office hours end (can no longer accept payments at this point).
- Reeks of cigarette smoke so much that tenants complain and the small office reeks of it even days after she’s left.
- Shows up 30-60 minutes late
- Leaves whenever/ takes breaks for 1-2 hours at a time to run personal errands.
- Has not shown initiative

 

[celizabethdavis]

@christianfrend Call her up and tell she is terminated and it isn't working out. That is all you have to say. Don't even let her back on the property. Mail her the check. Move on to the next shitty employee. Sounds what I do a lot.

 

[rajaratnam]

@celizabethdavis This isn't even a question. Bye. Next.

 

[ca614]

@celizabethdavis Yeah this ain’t her first rodeo. She’ll move on.

 

[failonmyown]

@celizabethdavis Agreed, do it by phone to reduce awkwardness on both sides and keep it short.

 

[micamom]

@celizabethdavis This

 

[buckeye_momof4]

@christianfrend Louisiana is an At Will employement state.

You can make this real simple.

Call her up and say:
I am terminating your employment with our company and want to save you a trip to the office.

If she asks why:

Based on my observations and from our customers' feedback, we need to go in a different direction.
Thank you.

Anything that's due to her like a paycheck, let her know how and when it will be given to her.

 

[kabriana]

@buckeye_momof4 NY is at will to, but it’s a good idea to do the write up process before termination and also to have a employee handbook with rules. Why? Unemployment payments.

 

[buckeye_momof4]

@kabriana I agree. Personally, I only would have challenged 2 people from receiving UI for insubordination action and theft. Interestingly, neither applied for benefits.

I had a reason to deny anyone else from receiving benefits.

 

[kabriana]

@buckeye_momof4 Yeah it's a weird system, at will. Watch out, I had someone file almost a year after termination.

 

[buckeye_momof4]

@kabriana I had an unstable former employee file with our AG's office. That was a lot of fun.

 

[kabriana]

@buckeye_momof4 Holy cow how did that go?!?!?

 

[buckeye_momof4]

@kabriana Ha. What I said to the investigator actually came out all wrong. I said "Do you know how my company is?"
She said I don't care who you are and I immediately realized how bad it sounded.

So I apologized for how it sounded and restarted the question as "You have no idea who my company is, do you?" She said; "Uuuh, actually I don't." I explained she didn't know us because we follow the state's employment laws and treat our staff with respect. This particular incident is because our former employee is an idiot. I stated I wanted to help her resolve the situation ASAP.

I spoke with the AG's investigator once or twice a week for a month until the situation was resolved. At the end, she sent me an email thanking me for my assistance and said it was a pleasure working with me.
Lol!

 

[kabriana]

@buckeye_momof4 lol that’s nuts! I’ve had to deal with the dept of taxation and finance and that gave me an ulcer. I can’t imagine dealing with the AG’s office! Glad that turned out well for you

 

[buckeye_momof4]

@kabriana My initial thought was "Oh shit, this is gonna suck."

Massachusetts has some unique employment laws such as When someone is terminated, they must receive their paycheck on their final day of employment.

This was the issue. My ex-employee was in possession of my company's assets and assets of our client. So, If I followed the law and paid the guy, we would have never received our assets. The AGs office really doesn't care, they need to ensure the law is upheld.
The did suggest I press charges with the police. I told the investigator if it was a criminal matter I would, but it's a civil matter.
I jokingly said let's make a deal, have my ex-employee who you represent return my assets and I will pay them.

The other law we have here in Mass is regarding PTO. Any unused PTO that has either accrued or been granted has to be given as pay equivalent when someone leave a company either on their own or through employer termination. The law considers PTO as an unused benefit of value equal to pay.

 

[lisaomo]

@buckeye_momof4 California is similar.

It’s been a while but when i worked in retail, we would “suspend” someone to get us time to get the final check from corporate.

Other places I have worked already had the check prepped on the day the EE was being terminated.

In both cases, If we had to have the EE come in to get the check we’d pay them for 2 hours of their time.

 

[baxter10]

@kabriana What happens if you have to pay unemployment ? Is it 60% of the salary for certain time period? I thought companies carried insurance for that?

 

[faith76]

@baxter10 Companies do carry insurance for that. The issue is that the insurance rates increase when claims are filed.

 

[streakygopher]

@kabriana It is less necessary if it is in a probation period or the first 30 days.