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Go Back  Sherdog Mixed Martial Arts Forums > General Discussion > Mayberry Lounge > Question of Ethics/Legality/Morality

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Old 05-14-2008, 10:57 AM   #1 (permalink)

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Question of Ethics/Legality/Morality

Interesting little dilemna at work.

WE're investigating a serious allegation of professional misconduct bordering on incompetence. The person in question has been doing the job for 10 years and basically has a ho hum attitude, gets just enough done to not get in trouble, etc. But this time, the employee is busted doing something that could potentially cause a decent lawsuit towards the company I run.

Fine.

I have enough documentation to mount a reasonable defense, however, this person holds a professional license. They also have a floor manager that works who is related to him, and to turn him in for professional misconduct would raise a rather large shit storm for lack of a better word.

The entire staff knows he's an idiot, and that it's a matter of time before he REALLY Fucks up. He's fucked up this time, and basically I can make a good defense, or settle depending on what happens.

However, I feel he has to go down.

So.

Do I off the guy even knowing there may be some retalitation by the employees relative? Or do I off the guy, warn the relative they better not even think about retaliation?

Do I potentially ruin his career by turning him in to his conduct board for his professional license?

Basically, I think the guy is a doucebag and just again one of those types that just does enough to get by, but has no leadership skills, no professional demeanor. He's kind of a lurch that just takes up space.

I feel my weakness as an owner/operator is I like to give the benefit of the doubt too much. I have no problem terming people who just don't do their work, but this one? I mean I hate to say this but I think the guy is just dumb and doesent care or both. Which IMO is a dangerous combination.
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Old 05-14-2008, 11:02 AM   #2 (permalink)

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It's hard to judge without more information. Sorry.
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Old 05-14-2008, 11:05 AM   #3 (permalink)

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Fire the guy. And if his relative decides to be unprofessional in the workplace and retaliate in some way, fire him as well.
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Old 05-14-2008, 11:05 AM   #4 (permalink)

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If you really feel that way about it off the guy, you have a right to if he doesn't do his work and is a bad employee.
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Old 05-14-2008, 11:09 AM   #5 (permalink)
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Is he an "at will" employee? If so, you don't really need a reason but should have one in case he files for wrongful termination.

Threatening the relative may = a hostile work environment, but you have already screwed up if you are letting relatives supervise one another.

Make sure you follow your companies policy regarding termination and disciplining of employees.
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Old 05-14-2008, 11:10 AM   #6 (permalink)

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You need to give more details. You are the owner of the company? For how long? Does he works DIRECTLY under you or does he have a boss that work directly under you? Has he been warned during his 10 years? Has he been given raises thus rewarding him for his work? Is there an employment contract? What has he done that is so bad? Is the relative an equal to you, above you, or below you?

The situation sounds a little fishy. I'm interested in knowing how a guy that imcompetent can work there for 10 years. I'm interested in hearing about the former owner/boss as well.
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Old 05-14-2008, 11:13 AM   #7 (permalink)
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Considering the way you've described him, It seems like you might have a personal motive to fire him.

If you think axing him will make you look bad, i'd say make sure you have an ally(ies) in the Co. with some authority who carries weight (upper management or something)

If the buck stops with you, fire his ars if you truly feel he's a waste of space despite how you feel about his personality, work ethic, etc..
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Old 05-14-2008, 11:18 AM   #8 (permalink)

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Quote:
Originally Posted by Oblivian View Post
You need to give more details. You are the owner of the company? For how long? Does he works DIRECTLY under you or does he have a boss that work directly under you? Has he been warned during his 10 years? Has he been given raises thus rewarding him for his work? Is there an employment contract? What has he done that is so bad? Is the relative an equal to you, above you, or below you?

The situation sounds a little fishy. I'm interested in knowing how a guy that imcompetent can work there for 10 years. I'm interested in hearing about the former owner/boss as well.

I took over the business from a previous owner who was related to both these people. And they never really displayed reason for me to term their employment. YEs, they are all at will employees under my Policies, and he COULD get cute and try and file wrongful term to which I just report them to their misconduct board and they drop the filing.
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Old 05-14-2008, 11:25 AM   #9 (permalink)

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Depends on what your business is. Is this guy working in any capacity that could cause bodily injury or death, either directly or indirectly? If so, fire him and report him to whatever board you're talking about. If not, terminate him. If his relative has any sort of common sense they will understand why he was terminated. If not, if his performance becomes poor then can his ass too. You're the boss. What you say goes.
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Old 05-14-2008, 11:25 AM   #10 (permalink)
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Talk to a labor attorney. You face a substantial bit of risk here. Labor attorneys handle difficult terminations all the time.
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