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Old 09-23-2013, 01:18 AM
Red Shed Landscaping Red Shed Landscaping is offline
LawnSite Member
Join Date: Mar 2007
Location: North Central IA
Posts: 183
Legal issues for firing employees

Not sure if you guys want to read about more employee problems but this is a new one for me and needed to see if you had come across this situation before.

I just fired my only employee. He has many days that didn't come to work and has showed up late many days as well. This last week he didn't come in on Wednesday when it was sprinkling and had told him I would let him know if we weren't working and I never said anything about not working because we could work around the shop. He knew I was going to be gone on Thursday for a funeral so we weren't working. Then on Friday I text him at 8am (starting time) to ask him if he was almost to the shop, he says he is trying to find a ride. I say ok and that it would've been appreciated that you let me know in advanced that you are going to be late or can't make it to work. After that text I never heard a thing from him and he didn't show or call on Saturday until tonight (Sunday) asking me to help him off is roof (didn't answer his call because its Sunday and was with my family doing family things). He lives in another town about 30 minutes away.

I fired him for the reason for not showing up or calling in for two days in a row and making the business look bad since I had to call the people and tell them I wouldn't be able to make it to their place that day. He then pulls the "I'm going to sue" card. Says he is going to sue me for not filing a workman's comp claim. I had never heard anything about him being hurt and worked next to him the entire time. Says he has the paperwork from the doctor saying he can't work for two weeks but is begging me to keep his job and wanting to work a few minutes earlier. Kept saying he can't believe I would fire someone who has been hurt on the job. I made it clear he never brought it to my attention that he was hurt and that he is being fired for not showing up.

Not sure if he is going to go through with it but has anyone been sued for things like this?

He also says he was going to some of the customers we worked for them to be witnesses saying that he lifted heavy things which threw out is back. Is there any law that I could use to prevent him from harassing my customers? I am more concerned about the customers and getting them involved in a stupid situation.

Last edited by Red Shed Landscaping; 09-23-2013 at 01:23 AM.
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