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Legal issues for firing employees

Discussion in 'Hardscaping' started by Red Shed Landscaping, Sep 23, 2013.

  1. Red Shed Landscaping

    Red Shed Landscaping LawnSite Member
    Posts: 183

    This guy was getting $17/hr starting out since he had experience but soon realized he had anger issues and might've been a tad delusional.

    I like texting because you then have proof of conversations. Its harder to prove what was said on a phone call.

    I don't think he will sue and that it was just a reaction to being fired but covering my bases in the event he does. He has mentioned that his mom is well off so that is the reason I think he could possibly go through with it.
     
  2. DVS Hardscaper

    DVS Hardscaper LawnSite Fanatic
    Posts: 6,403

    Bottom line is this dude ain't doing nothin. Let him file a suit. He'll make a fool out of himself. Been there done that.

    Christ, if I called my atty every time an employee threatened action against me - I would be broke. $13 per hr workers are not the most reasonable when they get upset, they say stupid stuff. Blah blah blah cry me a freakin river.

    You don't come to work you lose your job. No special science to it.


    And lawyers certainly do require money upfront. To say they dont is factually incorrect. The only exception is cases involving big pay outs usually involving insurance companies or government entities.

    Any you're missin my point about judgements. What good would it do for me to sue you and spend thousands in atty fees if I need to wait 32 years to see the money?? I could be long dead before that ever happens.
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    Last edited: Sep 23, 2013
  3. ztman

    ztman LawnSite Bronze Member
    Posts: 1,007

    Don't loose any sleep over this guy. First he won't sue you. He will file for unemployment, and I would contest his eligibility. Show the comp agency your employee policies, and set forth the dates this fellow was late or didn't show up. His unemployment should be denied. If he says you fired him because of an injury, he would have to exhaust admin. remedies with the other agencies.
     
  4. DVS Hardscaper

    DVS Hardscaper LawnSite Fanatic
    Posts: 6,403

    I once knew an employer who fired an employee for performance issues. The employee filed for unemployment ins. So the employer appealed and when they went to the hearing the employer showed the text messages. As a result, Employee got NO unemployment benefits.
    Posted via Mobile Device
     
  5. easy-lift guy

    easy-lift guy LawnSite Gold Member
    Posts: 3,376

    I am sure your speaking for yourself since my attorney Does not charge me in advance for services rendered. Not missing your point at all about judgements, I suspect your time horizon is much shorter than most people.
    easy-lift guy
     
  6. Mark Oomkes

    Mark Oomkes LawnSite Fanatic
    Posts: 11,257

    I'm with DVS, move on, you have proof, don't let it bother you.
     
  7. DVS Hardscaper

    DVS Hardscaper LawnSite Fanatic
    Posts: 6,403

    Easylift - so you go around suing people? You don't show up for work, you got fired, and then you sued?

    Attorneys do more than sue people and they will gladly send a bill in that case.

    Sure your attorney may bill you. Mine does. But not for litigation.

    And I bet if you conjured up some silly suit - I bet you that your attorney will want money up front. There is a difference between legit attorney work verses silly lawsuits. An attorney will not invest 120 hrs of his/her time on your case without payment from you. Especially if you have no job. They're not in the finance business.


    Posted via Mobile Device
     
    Last edited: Sep 23, 2013
  8. easy-lift guy

    easy-lift guy LawnSite Gold Member
    Posts: 3,376

     
  9. clipfert

    clipfert LawnSite Member
    Posts: 195

    Iowa is an "employment at will" state. You can fire him for any reason with a few exceptions. Keep your documentation. When he files for unemployment appeal it. Time to forget about this guy and move on. This won't bad your first or last loser.
     
  10. Red Shed Landscaping

    Red Shed Landscaping LawnSite Member
    Posts: 183

    He kept calling me and texting me today he is going to call everyone he can, insurance, customers and tell everybody at my church bad stuff about me. I haven't responded to his calls or text except that I would mail him his final check. He wants me to bring it to him because he said he can't get out of bed.

    A girl he was seeing called me to ask why he was acting so crazy the last couple of days and he was saying things about me that I did or said that I didn't and he said things to me about her that she never said. Everything has told or said seems to be all lies.

    Things make so much more sense now. He will have no credibility if he does try anything and no money. Searched for the company he said he worked for before and couldn't find anything on it and the address didn't even exist. Lots of other details but won't get into it. The only thing is that I am sort of worried he will come and do something at the house. I don't know how stable he is.
     

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