Stop Calling

bamahr

I posted about a troubled ex-employee - we terminated him a week and a half ago. I overnighted him his final check two days after he was terminated. I have his 401K in process to be distributed - I made just his loan payment yesterday - so the distribution can be completed. HE CALLS EVERYDAY - yelling that we mistreated him. After the 401K Distribution is complete there is no reason for him to call. Can I tell him don't call back - he calls me, other branches, the owner - I have 15 minutes worth of messages he has left on my voice mail and the owners. He has said he was stabbed in the back and is now going to stab back. He continued to tell me yesterday that I had to come to the unemployment hearing, that they would not do it over the phone, I had to come to Mississippi. We are not going - they can pay him unemployment before I step in a room with him, I have always been able to do them over the phone because of the distance, I hope this is not any different. Any suggestions - he is making me crazy.

marc

It sounds like threatening behavior - especially the part about stabbing. You may have grounds for a temporary restraining order (TRO) that you can turn into a full restraining order that would endure 2 years. Certainly this is harassing behavior, talk to your attorney, perhaps a complaint to the local gendarmes is in order. There are too many stories about ex-employees showing up at the workplace and committing acts of mayhem. I personally would go to the unemployment hearing - lots of witnesses for threatening behavior.

Parabeagle

Marc is absolutely correct. My first instinct would be to issue him an ultimatum that you will not tolerate the abusive behavior he is exhibiting and that he must stop calling. Then I would contact my local district attorney and go for the TRO.

Re the unemployment hearing, I have dealt with unemployment hearings in 11 states over the years and have only ONCE been compelled to attend in person (and that was in California). I think most unemployment ALJs are sensitive to the needs of busy employers.

JM in ATL

I too am concerned with the wording you used "stab back". Was that a quote this employee used?

If so, I would take immediate action. There are certain states that do allow employers to take out restraining orders against individuals. I would also call your local police department to see what they can do to help, as far as providing patrol car drive bys. Sometimes they will even sit in front of the building.

Also you are obligated to inform his former manager of these remarks and to help him prepare should something occur.

I don't want to seem like I am over reacting, but I would prefer to be proactive and have nothing happen than to ignore it and have to deal with the aftermath, if something did happen.

bamahr

[font size="1" color="#FF0000"]LAST EDITED ON 10-03-03 AT 01:45PM (CST)[/font][p]We currently have an armed guard at the location. I called the Manager right away. "Stab Back" was a direct quote - I have a statement from the Manager that he was speaking with. I agree with being cautious - he could mean attempt to sue us or bodily harm. I am at the corporate location which is 1 1/2 hours away. The Branch is doing well - they are definately on guard and have been told if he pulls in the parking lot call the police. We will continue to watch this situations. I want to send him a certified letter stating he is not to call any location and harass our employees. Although I don't want to talk to him - if he MUST call someone it should be me.

Pork

BAMAHR: I have been on both the telephone hearing and the "in person" hearing in MISSISSIPPI. We have won on both accounts; if you have provided a complete and succinct position letter with appropriate attachments which prove your case, the hearing officer can make the judgement as to the strength of the case and who is right and wronged. However, if you have provided the hearing officer with an inconvient appeal to the hearing in person and she/he has denied the telephone hearing process, then, the concerned manager and you should be there or be prepared to lose the case; you will then be allowed to appeal that decision to the MISSISSIPPI BOARD OF REVIEW; which I have also won on two cases and lost one. You should make sure the hearing officer is aware of the violent character that he/she will be engaged to listen and make a rational decision.

Hope this helps!

PORK

bamahr

The employee has yet to file the appeal - I am sure he will. I have always been able to conduct the appeals over the phone. I had one employee who stabbed his wife and was being released from jail, filed for unemployment, lost and requested an appeal. I was pregnant and my doctor said - no way - you are not going! The other was in MS - no good reason I could not go - I requested telephone and was granted. He is so volitile - he might be spending all of his time on the phone with us and forget to file the appeal. Thanks!