Termination of problem employee
Beaker
2 Posts
I am an employer at a public institution. I have had an employee for 6 months that I am going through the termination process with. The individual was given the option of resignation but refused. Other workers are fearful of this person's behavior once given notice, so the individual was told to not to report to work while I file termination grounds. My questions are these:
In doing some research, this employee has been "let go" from their previous 3 jobs for the same behavioral problems that I observed (aggressiveness, verbal abuse, harassment of other workers, inappropriate attire, etc. etc.), including two other places within my own institution. However, nobody warned me of these problems upon my hire because they were forced resignations - and were instructed not to give out details. I in turn have been instructed to not discuss the individual's shortcomings as an employee with future employers.
Since the person is refusing to leave, why can I not use similar problems with past employers as a defense? And why should I not warn future employers as I was not warned? These people damage our work/businesses and we have an obligation to warn others, albeit in a professional manner.
One week prior to my termination notice, the employee gave notice of an "illness" that might take the person out of work for several days. In my mind the person is trying to capture FMLA and 12 additional weeks of pay. Would I not only be liable for the days that can be substantiated by doctors (if any)? Why would I pay 12 weeks following termination if there is indeed an outpatient process that involves 2-3 days?
Frustrated and confused by chronic problem employee...any advice will help.
Comments
The actions you describe, especially the inappropriate attire and aggressiveness, are symptoms of a manic episode of bipolar disorder. So the "shortcomings," behavioral problems, and refusal to leave you describe may be symptoms of an actual illness--mental illness.
Now and in the past, the employee may have been reluctant to self-identify as having mental illness for numerous reasons.
Youcan enforce your workplace conduct rules with this employee just like you do with other employees, but I think the focusneeds to stay on his performance problems in his current job. You might need to consider the ADA if the employee’sillness is a protected disability. Ifthe events in the workplace give you a reasonable belief that he can’t performessential job functions, you can require him to have a medical exam to assesshis ability to do his job. In therequest for medical info, you can ask about any accommodation the doctor wouldrecommend.
Thanks for all your advice.
The illness reported had nothing to do with mental health, and I have reason to believe it was fabricated (or at least grossly exaggerated). Sadly because of the individual's unwillingness to resign, they will be terminated, and will be ineligible for future employment at my place of business, which is a large institution.
Although I am not a qualified professional, I do agree that this person likely has a serious mental health issue/personality disorder. With proper help, I think they could make a decent employee. However, this is a very stubborn, calculating, strong willed individual. I do not see them ever admitted to needing counseling or help, at least not willingly (they maintain their behavior is fine). Their personal life is filled with strife (unfortunately this is aired quite loudly for all to hear at my business) - divorce, not on speaking terms with immediate family members, custody battles, etc.
I cannot afford to have such a disruptive, volatile individual in my group - they zap too much of my energy.
I wish I could help, but this person would never take any of my advice (or anyone's) even when it meant they would lose their job. Now they will be unemployed, probably not eligible for unemployment, and may have a hard time finding willing references at this point. Hopefully someone will come along and make a difference in their life.
you have made the right choice to term. some of those prior employers who did not disclosed aggresive / verbal abuse, could be liable if this person had acted out on any of your personnel or clients. More and more employers are being told they must disclose to potential employers any incidents of violence or abusive behavior.
In regards to terms of possible fmla charge, this employee requested it tooo late. once employee is in a disciplinary situation, they may not now use fmla as excuse for poor performance. his behavior is a part of job performce.
good job!
Although I am not a qualified professional, I do agree that this person likely has a serious mental health issue/personality disorder. With proper help, I think they could make a decent employee.
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See http://www.eeoc.gov/facts/ada18.html
Scroll down to the second FAQ:
Should I tell my employer that I have a disability?
In the answer to that question, it says, "Employers are required to provide reasonable accommodation only for the physical or mental limitations of a qualified individual with a disability of which they are aware."
In my opinion, it's worth a talk with local counsel to see if you are "aware" of any disability under the circumstances you describe.