Employee who doesn't think

whitjl143 · November 2003

We are a small dump truck company with 4 employees (drivers). The requirements of the job are to operate the truck in a safe manner, take the loads to the appointed addresses, be polite to the customers, contact the owner of the company if there are any problems, do minor on-the-spot repairs to the truck, and check and fill all fluid levels and tire pressure at the end of the day.

This employee has come close to rolling the truck on a jobsite (breaking a major component of the truck), broken another major component of the truck by not following instruction, driven over a brand new septic system (just because it was the shortest route) and caused excess wear and damage on wheels and brakes by running too fast and trying to stop too fast. (We just had to replace a set of brakes that are two weeks old.) And tonight he placed windshield washer fluid in the engine.

We have given verbal instructions and warnings. We would really like to fire him but are unsure of any repercussions (him filing unemployment). We thought maybe a probation period might be the way to go. Since none of our actions have been in writing before, we don't know what action to take to fix this problem. We have never had anyone file unemployment and are unsure of the process.

Any suggestions are greatly appreciated.

Don D · November 2003

Don't give unemployment insurance another thought. The impact of that is infinitesimal compared to the damage and liability this employee might be causing your company. If you wish to protest an award of unemployment insurance, you can use your documentation to do so. Respond to the claims questionnaire honestly, wait to see what the decision is, appeal the decision if it's in his favor, if you choose to appear and have adequate documentation, and see what the result is. However, you may also choose to simply cut your losses and not even respond to his claim. The affect of his being able to draw UI will not impact your business nearly as much as his carelessness will.

Parabeagle · November 2003

How have you treated other similarly-situated drivers? Are there any in your staff who are as incapable of doing the job as this employee? How have you treated them?

If this is your only "problem child" you could terminate him for an inability to perform the essential functions of his position (at a minimum he can't figure out where the windshield washer fluid goes). Doing so would probably mean he will qualify to receive unemployment benefits. Generally, if you are terminated from employment for reasons not attributable to you (e.g., inability to do the job, lack of work, etc.) you are able to collect.

You do mention that you have given him warnings and verbal instructions. If you can document when these were given, you may be able to terminate for not following directions. Insubordinate behavior generally will exclude him from being able to collect unemployment. But you'd better have backup ready to show to the UC caseworker.

HRsage · November 2003

[font size="1" color="#FF0000"]LAST EDITED ON 11-24-03 AT 06:54PM (CST)[/font][br][br]Get rid of him now. A UI Claim should be the last thing on your mind. I'd be more concerned about the safety issues you've mentioned.
Would you rather be saying, "Well sure, he crashed the truck injuring 2 people, but at least he didn't get to collect UI."
If you have the documentation in place for the warnings and/or the damages the UI claim will be easier to dispute. Good luck.

Beave · November 2003

I agree with the others, DOCUMENT! Focus on the safety concerns and not the UI issues.

mwild31 · November 2003

I just checked - your state is an 'at-will' state, as long as your action can't be viewed as discriminatory (say the employee was 'plaid' and you want to let them go for the reasons you state - but you don't (won't) let others go for performing in the same manner) - so, if you wanted to you could let this person go. UI should be the last thing you think of & frankly (in my opinion) it's an excellent learning process for you to go through if you do have to pay - documentation of the incidents you listed could have gotten you off the hook - lessons learned for another day.

Don D · November 2003

There's only one state in the country that's NOT 'at will'. But 'at will' has no bearing on an employement relationship where the employee violates safety policy or is putting the company's assets at risk.

Balloonman · November 2003

Your knowledge that he is a hazard operating the vehicle actually exposes your company to significant liability in the event he has an accident. Lots of 000,000's
Fire him now. UI does not matter, and you may get lucky. Make the reason for discharge tied to a specific company rule that is in writing, or operating vehicle unsafely and you may win.
My $0.02 worth.
DJ The Balloonman

mwild31 · November 2003

Thank you Don for the 'at-will' lesson. x:-) There's so many reasons for this person to let this ee go - and 'at-will' is just one of the many listed. Just pointing out another fact.

pecohr · November 2003

Can you say Hasta La Vista baby! This guy needs to go! ASAP

ritaanz · November 2003

Get rid of this guy ASAP. It's not that he doesn't think, he doesn't care. That's the worst type of employee you can have out there on the road. Your window of liability is huge.

marc · November 2003

Hi Jennifer,

Your welcome to the forum has received a unanimous vote to terminate and a good lesson plan for documenting the disciplinary actions around the incidents you have described. I agree with these viewpoints.

Here is something else to think about. Do you have some sort of training program or driving skill test? Your description of the vehicle does not let us know if any commercial drivers license is required, but you might want to consider that on your own if you do not want to determine the EEs fitness to operate this type of vehicle before you send them out to create mayhem. Yes, the costs to your vehicle is extensive, however the consequences of driving such a vehicle to hard and fast could be significant in terms of lives and property damage, just as other suggested.

This one EE is a symptom, what are you doing to protect your company on the front end?

Employee who doesn't think

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