Filing Harrassment Charges Against a Guy I Fired

Discussion in 'Employment' started by TYTILIDIE, Jul 16, 2012.

  1. jmacd

    jmacd LawnSite Member
    Posts: 210

    I would of just given him the shirts, phone etc. Let him have it.
    Be happy you got rid of this guy before he got hurt while working for you and went on comp or disability the rest of his life.

    The best part is you can move on with out him around. The $200 is nothing compared to the damage a bad guy can do while working for you.

    Don't take it personal it is just part of owning a business. Every one is out to hurt you every day if you are are self employed. The sooner you accept that the sooner you can take steps to protect yourself from it.
     
  2. Darryl G

    Darryl G LawnSite Fanatic
    Posts: 8,033

    The BBB, what a laugh. They don't get involved in employee disputes!
     
  3. cgaengineer

    cgaengineer LawnSite Fanatic
    Posts: 15,782

    And nobody even relies on the BBB for info anymore...I had a customer threaten me with the BBB...I laughed!
    Posted via Mobile Device
     
  4. Mark Oomkes

    Mark Oomkes LawnSite Fanatic
    Posts: 12,106

    First of all, welcome to the world of employees.

    Second, I don't see that you did anything wrong, but I would be careful of what goes out in public, I feel your need for venting.

    Third, if you have an agreement in place, you can deduct for these items as long as his average wage does not fall below minimum wage. BUT!!!!! You must have his OK and not go below that wage level. If you do either, the labor board can and probably will do something.

    Last, I had an employee threaten me with the BBB earlier this summer. This, after begging to get his job back after he walked out. Like threatening me is going to make me want to hire someone back. Instead, he filed a complaint with MIOSHA. To tell you how intelligent he is, 2 of the 3 complaints were DOT related (and lies) while the third was the only 1 that MIOSHA dealt with and had already been fixed. I won't go into details, but it sounds similar.

    Yes, this country is screwed, based on the attitudes of a lot of our younger generation. The crap they pull is stuff I would never have considered at their age, because my employer was giving me a job.

    Like whoever said, remain calm and cool. Do your best to not get into a long, drawn out argument\discussion\debate about what happened. State the facts as you see them and leave it at that. It's hard and I find myself getting drawn into it, but realize it and end the convo. The jack wagon mentioned above hung up on me. Very professional.
     
  5. Duekster

    Duekster LawnSite Fanatic
    from DFW, TX
    Posts: 7,961

    It Texas, I am not sure this minimum wage rule applies on the final check. Otherwise it does apply and yes you have to have this set up prior.
     
  6. Mark Oomkes

    Mark Oomkes LawnSite Fanatic
    Posts: 12,106

    It's possible, but a good idea would be to check with the federal requirements as well.

    Sometimes a state law will supercede a federal and vice versa. Makes it a real PITA.
     
  7. Dr.NewEarth

    Dr.NewEarth LawnSite Bronze Member
    Posts: 1,420

    Family or not, I don't believe you should be taking a long vacation right now!

    He can put a claim against you with the labour board, but come on!...The Better Business Boondoggle?

    This guy is full of night soil with that one. The b.b.b. doesn't care about your employees or your business and they have no jurisdiction over this!
     
  8. Duekster

    Duekster LawnSite Fanatic
    from DFW, TX
    Posts: 7,961

    I have in my employee handbook and employment contract that they will repay the company for money owed. This includes advances, personal use of the company credit cards, and equipment damaged by abuse. I often work with them to repay this slowly over time and not drop them under minimum wage. They often stay well above minimum wage.

    I do have a provision to withhold for equipment not returned on their last checks.

    Only one time have I ever withheld for uniforms. I bought the guy a pair of work boots and he quit the next day and it did not drop him below minimum wage either. I do not care about uniforms older than a few months. It is just when some jack leg is trying to stick to me that I have the option.
     
  9. TX Easymoney

    TX Easymoney LawnSite Platinum Member
    Posts: 4,070

    Good riddance to the guy--I'd just send him his check and not look back--its a small amount of money and the idiot could slash your tires or steal stuff from you--besides, you and your wife need to focus on happier things such as your new soon to arrive baby-congrats! my wife is due in October--
    its dumb stuff like this which distracts you from growing your business and relaxing when you are not working-

    BBB-makes me laugh, they call once a year and try and sell me --
     
  10. TYTILIDIE

    TYTILIDIE LawnSite Member
    Posts: 78

    Well as it turns out, the Police didn't think it was harassment after all. Which is OK. So I met with him last week and gave him his check minus the money for the phone. He returned the shirts and to my surprise, he even washed them!
     

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