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

    Yes we are and is clearly stated in the handbook. If he does try to file I will deny it and will get denied.
     
  2. Impact-Vector

    Impact-Vector LawnSite Member
    Posts: 150

    Cheap insurance for the way the world works now- I have an app that backs up my text messages to my gmail account, Priceless!
    cell fones get lost and messages go missing.free insurance!
     
  3. Mark Oomkes

    Mark Oomkes LawnSite Fanatic
    Posts: 11,330

    So did this guy have a relapse?

    By chance, did you do a background check? I had somewhat of a similar situation years ago that caused me to start performing background checks on every applicant we offered a job to.
     
  4. Red Shed Landscaping

    Red Shed Landscaping LawnSite Member
    Posts: 183

    I haven't had the need to do background checks in the past since everyone I hired was someone I knew or a friend of mine knew but this year I haven't been able to do that. After this guy I will have to start doing them and checking more into what they put down onto their resume or application.

    He keeps saying he really wants his money or else he will turn me into the insurance about his back that needs surgery. He may be on something but I don't know. I am going to also start drug testing as well.

    This is the not so fun side of business it takes too much time and am not making money dealing with this crap. People don't need to be so psychotic.
     
  5. Impact-Vector

    Impact-Vector LawnSite Member
    Posts: 150

    This one is really interesting..

    If he cannot do what is required for the job - IE lifting things... He cannot work.

    Seems like you just need to have him back for a day. Have him lift something and snap a video.. easy evidence that his back is fine.
     
  6. easy-lift guy

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

    You could also at this point have a restraining order and or trespass warrant issued against your former employee. This may provide you with some additional protection for yourself and your family.
    easy-lift guy
     
  7. Mark Oomkes

    Mark Oomkes LawnSite Fanatic
    Posts: 11,330

    Bad, very bad idea.

    He does that and he will immediately claim an injury.

    I hear ya Red, the workforce out there sucks, for the most part. I have been struggling to find decent employees. I'm just about at the point of downsizing because I can't.

    He's blowing smoke, I know you can't put it out of your mind completely, but do your best. Even if he does file something, you know you are in the right. You're sending him his money, so there isn't an issue with that. You are following your handbook AND are an at-will employer. It will blow over after some stress and raised BP.
     
  8. larryinalabama

    larryinalabama LawnSite Fanatic
    Posts: 16,275

    On a case like this most attorney will want 1500$ upfront. I wouldn't worry about it too much, the Punk doesn't have a case worth filing.
     
  9. Chilehead

    Chilehead LawnSite Bronze Member
    Male, from Stockbridge, GA
    Posts: 1,895

    Nothing is going to come of this. Anyone serious about sueing another, certainly isn't going to give you a warning. Tell him to go pound sand. Then tell him to cease all further communication with you. If he contacts you after this, report him to the cops for harassment, then sue him in civil court for "damages" incurred by said harassment.
     
  10. easy-lift guy

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

    Perhaps, however my attorney would send a simple letter. The cost would not be $1500.00, I would not be charged in advance.
    easy-lift guy
     

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