Help,How,Fire,Employee,Normal, business, insurance Help - How Do I Fire My Employee?

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Normal 0 false false false EN-US X-NONE X-NONE /* Style Definitions */ table.MsoNormalTable{mso-style-name:"Table Normal";mso-tstyle-rowband-size:0;mso-tstyle-colband-size:0;mso-style-noshow:yes;mso-style-priority:99;mso-style-qformat:yes;mso-style-parent:"";mso-padding-alt:0in 5.4pt 0in 5.4pt;mso-para-margin-top:0in;mso-para-margin-right:0in;mso-para-margin-bottom:10.0pt;mso-para-margin-left:0in;line-height:115%;mso-pagination:widow-orphan;font-size:11.0pt;font-family:"Calibri","sans-serif";mso-ascii-font-family:Calibri;mso-ascii-theme-font:minor-latin;mso-fareast-font-family:"Times New Roman";mso-fareast-theme-font:minor-fareast;mso-hansi-font-family:Calibri;mso-hansi-theme-font:minor-latin;}Sometimes the best way to understand a situation is to learnfrom similar experiences.The following story is a hypothetical situation of an employerwho needs to think about the best way to end a working relationship because ofattendance issues. Maybe this story can help you with your difficult employeeissue.Terry has been working for Greenleaf Landscaping for ten months.  For 9out of the 10 months, Terry has called in sick or has been a “no show” for atleast one day out of the month.Terry always has what sounds like a reasonable explanation.  One month,his mother was ill and he had to take her to the E.R.  Another time, hewas in a car accident.  The car was totaled and he couldn’t make itin.  In the most recent incident, he and his wife were closing on ahouse.Marianne, Terry’s supervisor,  shared these details with human resources:“I want an employee that I can rely on and trust; and who really wants towork here.”   “Terry doesn’t fit the bill.”   “I want to end Terry’semployment with the company, but I’m so nervous about it.”  “I don’t knowhow to begin to approach Terry about my concerns.” “How do you terminate anemployee?” “Can I terminate an employee for being late for work or for beingabsent frequently?”How would you respond in this situation?You are in the best position to fire an employee if you have had cleardiscussions that have been documented over time.In this case, Marianne should meet with Terry and share with him herconcerns over his numerous absences.  It’s important to reinforce that herconcerns are not new and that she has expressed her concerns about hisattendance over a period of time.Marianne can then share with Terry what the impact that his repeatedabsences have on the business.  The manager should feel comfortable withthe knowledge that she has coached Terry over time and that she has clearly communicatedher concerns and gave Terry fair warning that the repeated absences could havenegative consequences.All excessive absenteeism situations are not always so cut and dry. One thing to keep in mind when dealing with excessive absenteeism situations inthe workplace is whether there are documented medical reasons for the absences.If an employee indicates that there are medical reasons for the absence,consult with a human resources expert or employment lawyer.Just because an employee indicates that they are absent due to medicalreasons doesn’t mean that they can’t be terminated. What it does mean is thatyou should work with the employee in conjunction with human resources or anemployment lawyer to determine whether the condition may warrant federallymandated Family Medical Leave,(FMLA), or whether there are any accommodations that should be made for theemployee under the American withDisabilities Act, (ADA) before deciding whether termination is the bestdirection to take.Remember that there are some circumstances, such as an employee’s seriousmedical condition, or when the employee may be out caring for a sick familymember, where frequent absences may be covered under the Family Medical LeaveAct, (FMLA).   The key here is that the employee should make youaware of the situation so that you can work with them in conjunction with thelaw.You should always consult with an employment attorney or the Department ofLabor for your State to learn more about how to handle sick time absence casesif you don’t have access to a human resources professional.