Employer's rights

[tmb]

What is the name of your state? Ohio

My question is what rights do I have as an employer to fire someone. We own a restaurant in a small town and word has gotten back to us that one of our employees is going around town telling people that he is trying to get fired in order to draw unemployment benefits. He has been with us for a little over a year and seems to be trying to sabatoge our business.

Another one of our employees informed us that he has been falsifying his time cards. She relieves his shift and comes in early--and he automatically leaves when she shows up even if his work is not finished, and writes in the time he has left as the same every day, incorrectly. Yesterday I went to the restaurant to check the time on his card--we have posted hours on our doors--and he was gone. This was 20 minutes before we should have been closed. His time card reflected that he was there until close. Would this be grounds to fire him? Do we need to document anything before we fire someone? We currently do not have a written policy handbook.

Any information would be appreciated.

Thank you.What is the name of your state?

 

[cbg]

You do not need grounds to fire him. You are in an at-will state; you can fire him for any reason not specifically prohibited by law, including that you don't like his shirt, or that you are a Cleveland Indians fan and he roots for the Cincinatti Reds.

However, falsification of time cards is most definitely a valid reason to fire someone.

 

[mlane58]

What is the name of your state? Ohio

My question is what rights do I have as an employer to fire someone. We own a restaurant in a small town and word has gotten back to us that one of our employees is going around town telling people that he is trying to get fired in order to draw unemployment benefits. He has been with us for a little over a year and seems to be trying to sabatoge our business.

Another one of our employees informed us that he has been falsifying his time cards. She relieves his shift and comes in early--and he automatically leaves when she shows up even if his work is not finished, and writes in the time he has left as the same every day, incorrectly. Yesterday I went to the restaurant to check the time on his card--we have posted hours on our doors--and he was gone. This was 20 minutes before we should have been closed. His time card reflected that he was there until close. Would this be grounds to fire him? Do we need to document anything before we fire someone? We currently do not have a written policy handbook.

Any information would be appreciated.

Thank you.What is the name of your state?

Absent of a contract or collective bargaining agreement, you can fire the employee because you don't the color socks he/she is wearing. Having some valid proof will help in contesting the unemployment claim if and when they file.

 

[tmb]

Thank you for your responses.

My other question would be, what would be undeniable proof? Would the unemployment office be able to use a statement from the employee who told me about this situation, in order to deny him benefits. I also called a friend to come to the restaurant yesterday before we would have been closed so he could back up the time difference on the card.

Also, when you fire someone, do you have to tell them why. We are afraid of backlash from this employee.

Thanks again for your input.

 

[fairisfair]

Thank you for your responses.

My other question would be, what would be undeniable proof? Would the unemployment office be able to use a statement from the employee who told me about this situation, in order to deny him benefits. I also called a friend to come to the restaurant yesterday before we would have been closed so he could back up the time difference on the card.

Also, when you fire someone, do you have to tell them why. We are afraid of backlash from this employee.

Thanks again for your input.

The fact that you came to the workplace while he was clocked in and he was not there is proof enough. Make notes of your dates and times, if you have other employees who are witnesses to this, statements from them may also be helpful. When you fire someone, you need only tell them that they are no longer needed. If you can get the employee to sign a termination letter outlining your reason as fraudulent completion of his timecards, well that would be wonderful, but good luck with that one.

 

[cbg]

Your state does not require that you give a reason to the employee for the termination.

While you know him better than I do, and it's always a judgment call, just something to think about; you can say to him that his services are no longer required; that's legally all that necessary, and sometimes that's the best way to go. However, that leaves him wondering what the reason is, and free to make his own judgement as to whether it's for an illegal reason or not.

I'm not saying you should or should not give him a reason; I don't have enough information to make that call. But I do suggest you think very carefully about whether there is ANYTHING in his prior record or history that might lead him to believe that he's being fired for an illegal reason. Is he the only member of (fill in protected group here) on his shift? Did he apply for FMLA? File a workers comp claim? Complain of illegal activity?

If the answer to all these is no, you're probably safe to not give a reason. If the answer to any of these, or like questions, is yes, you might want to consider giving him one.