Termination Help

Kayeh

We hired an outside accounting firm approximately two years ago. They hired an accounting manager to run the department when they were not present. We recently decided that we needed to have an in house accounting department and did not renew our contract with them and hired an accountant. The accounting manager that they hired was on our payroll and was not terminated. During the transition we had to file a report on the educational level of our employees. A discrepancy was found on the resume of the accounting manager regarding their education. As it turns out, they do not have the degree that was listed on their resume. We did not terminate at this time, as we had to have someone in the accounting department during the above transition.

The recently hired accountant has informed us that the accounting manager is really a clerk and does not have the knowledge or education to perform the job. When the accounting manager was questioned about any reports that were given to us they admitted that they had not done any of them as the outside accounting firm had done them all and they did not know how.

Our business is expanding and we need to have a strong accounting department. We would like to terminate this employee, and bring in an accountant with more education and experience.

mdm

I would discuss this with a lawyer to make sure you have all of your bases covered and can legally let this person go. You should be able to for misrepresentation. Documentation is the key. Make sure that the situation has been documented and kept in the employee's personnel file. I am not sure that I would want to keep this person either.

rad

Am I understanding this right? This person lied on their resume and has admitted they can't do the work? I can't think of a reason not to terminate.

Kayeh

They did lie on their resume, but we did not terminate them when we were aware of this because we had no one else in our accounting department. Since we were aware of the falsification of their educational level for approximately two months would we still be able to legally terminate now?

marc

They admitted they do not know how to do the reports. Even if you somehow have voided your ability to terminate for misrepresentation (and I don't think you have), you can and should terminate for not being able to perform. Let them go immediately.

rad

Sure, even if you aren't terminating for the lying, you are for the fact that this empoloyee, by his or ehr own admission, can not do the job.

Crout

I'm kind of confused about one thing. You stated that you hired the outside firm two years ago, and that they in turn hired the accounting manager with the bogus credentials....correct? What I don't get is how that manager got on YOUR payroll. Unless I'm missing something, (not the first time, by the way) it seems to me that the manager should have disappeared when you terminated the contract with the outside firm. That aside, while I wouldn't make a habit of waiting to terminate someone who lied on an application simply for your convenience (by doing so you are giving tacit approval) I think you could terminate now based on performance.