Employee suing company over taxes

AnnGee

Our company has been in a very long drawn out suit over an employee who does not believe he needs taxes taken from his check since he renounced his citizenship years ago. We continue to take our SS and Fed and State because as am employer we are obligated until he can show some legal proof. Finally after almost 5 years, this case is coming to a close, and the courts have ruled in our favor that he can not sue us because we are doing our job. My question is, when the final day comes April 7th, and the law suit has ended for our company, can we let him go without ending up in a discrimination suit? He is going to pursue the fight with the IRS, Social Security and state of Oregon in the 9th district Supreme court, but he will no longer be suing us. Please say yes we can let him go. !!! Thanks

LarryC

If you're asking for permission then, sure, go ahead. If you're asking for advice, there are other things to consider. Is he a member of a protected class? Is he alienated by the other employees? Sounds like he is probably a general pain in the *ss and it would be best to part ways. I've also been involved in lawsuits where his termination is part of the agreement of the lawsuit. Is it too late for that?

However, could his termination be seen as retaliation for exercising his 1st amendment rights? Without detail of what transpired, I'm not sure.

AnnGee

He is not class protected. Is he alienated by other employees? I am not sure what you mean, but if you are asking does he play well with others? NO. To add drama, he is the owners brother. The 1st amendment rights question is what i am asking. This guy will sue anyone if he will sue his brother. Thanks for the input.

LarryC

AnnGee, your best bet might be to get him on performance issues. Bad attitude and not working well with others are definite performance issues. I would start documenting, if you haven't already, and start pushing HIS buttons regarding performance. This should cover you regarding any pretext he might claim. I would also say that he will probably sue you no matter how well covered you are at termination. You beat him once, you can beat him again. Good luck, AnnGee.

jitrbug

[font size="1" color="#FF0000"]LAST EDITED ON 03-24-06 AT 02:13PM (CST)[/font][br][br]If he has renounced his citizenship, can he show he has proof of eligibility to work in this country? We had a similiar issue at another company many years ago. The guy said the same thing to us (wonder if it is the same guy!). Our legal at the time told us to ask that question which we did and he never brought it up again!....
Keep yourself on the straight and narrow and stay with the facts of his performance. These will be the things you can prove in court, just make sure you keep clean strong documentation.

SMace

Why didn't you fire him already? Waiting until the day the trial is over is terrible timing even if it is not discriminatory. I'm sure he'll be able to find something to sue you over when he is fired.

Paul in Cannon Beach

I wouldn't fire him over his misguided belief about taxes.

I'd fire him only based on performance issues unrelated to his lawsuit against you.

By the way, have you been drafting a nepotism policy yet?

Parabeagle

Anyone can sue anyone and this employee has already demonstrated his litigious nature. As far as termination is concerned, make sure you have explored the protected class question and think about the less-obvious classes other than race - religion, age (in Oregon age discrimination extends to anyone over the age of 18), marital status, etc. Check the BOLI website for a complete list of protected classes in Oregon. Then concentrate on the performance issues. Sounds like this employee has been able to perform poorly for five years just by virtue of his relationship to the owner. Bad situation!

In any event, any valid, defensible reasons you have for termination are going to be perceived by this person as pretextual and he is going to sue anyway. Make sure you have a good labor lawyer. Who represents this guy, anyway? Someone who got his degree from the close-cover-before-striking school of law?

pork1

Where does the brother/owner stand on all of this? What is the owner's guidance on how to proceed? You, as the HR, need to be careful not to set a negative environment into motion that could drag everyone into the same environment.

From your responses here which are discoverable your words are already set as discriminating against this "the brother of the owner", "tell me I can let him go". In an "at will" state you can let him go for no reason at all! Just let him drawn Un Employment and make no fight over the application. Reorganize and leave the task, conditions, environment & standards to an out-sourced company or absorb the task within the organizational structure!

PORK

AnnGee

Thanks to all who have answered. Guess this is not a clear cut decision. The question is all moot at this point because our lawyer emailed that he intends to continue fighting us here at the district level. For the one who asked, he is his own lawyer. Does that surprise anyone? The owner wants to let him go, so we may go forward with dismissing him for performance issues and not stop unemployment. Thanks for all your help.

Paul in Cannon Beach

Have you considered having the problem employee "whacked"?

I'm sorry... I keep getting "The Sopranos" and real life mixed up.

E Wart

I would think that the owner/brother would be so embarassed about this.
I would first ask the question about showing proper work papers. Truly make sure he is able to provide the information you need for him to continue working.
Next, you can fire someone for any reason, at any time (if at will state), but I would be very careful on this. Could easily sound like retailation.
I would make sure you that you document his file, just like you would any other employee's. I can't believe that he has't exceeded your attendance policy (if you have one... if not, set one up) with all the time he msut have had off to go to court.
If you are able to show that he doesn't meet the criteria to work there (performance/attendance, etc.), I would let him go.. .put him on warning, probation , etc (whatever your policy shows.) I would certainly fight unemployment if that did occur. Sounds like this guy wants a free ride on everything.
Tell him that if he doesn't want to pay SS, go work for the government!!
Boy, I bet this guy has cost the company big time, not only in legal fees but in your time and others. I can't believe that the brother/owner can't personally talk him into leaving.

E Wart