Employees... Problem/Termination forms.

[Integraoligist]

Well with the crap economy the way it is… i’m getting ex-employees filing for Unemployment. In all the years we’ve been open only 1 claim has come up, which was denied because she quit, and thats what I told Unemployment so they denied her.

Now, 2 weeks ago I have a bartender file (which we fired in November for giving away free drinks and stealing money out of the till). So Unemployments mails me her claim, i fill it out and write down exactly why she was fired, and they call me 2 days later… so i tell me exactly what I wrote down for them to begin with. Yesterday I get a letter stating that she is APPROVED for Unemployment, and the reason “was said to have given away free drinks to friends, which was not true”. Thats it. So I wrote and faxed and heavily detailed letter to them that same day, explaining the 3 people that watched her via video tape give the drink away and not charge, and again how the money came up short and her multiple warnings. Still havent heard anything back.

Also 2 days ago when I got that letter, i also got another claim from ANOTHER OLD BARTENDER THAT WAS FIRED in December for NOT SHOWING UP TO WORK. We’ll wait and see what I get back from these idiots.

Anyway, i was reading the new PMQ mag and read the article on getting written letters that you’d have them sign about their lack of preformance… anyone have any more insight on this type of letter/material. Between all this employee crap and various machine breaking non stop over the past month i’m f’n fried! EEEEERRRRRAHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHH!

 

[bodegahwy]

Don’t worry about it too much. A couple of claims will not raise your rates a lot. It is not like you have to pay their benefits. The amount it will impact your rates depends on how many claims you have, (a couple is no big deal) how long they worked for you and how much they earned.

In the future, when you warn someone about something that is possibly a firing issue like showing up late or cash shortages, do it in writing and have them sign it.

If you catch someone stealing, just fire them with no cause given and eat it if they file for benefits. There is too much risk of a lawsuit for slander to bother with the small savings on your UE rates.

 

[Kris]

Well I am a bit of a stickler when it comes to people filing for unemployment. 15 years ago when it first started I didn’t really understand it…But non the less like you, I was irrate in the beginning…now I understand it a bit better and don’t get so flustered but just do what I have always done and not one time in 15 years has a claim gone through. If I were to fire someone unjustly or lay them off by all means…let em get it.

The key here is a paper trail…specific details and statements. We have write up sheets and use them. We document events and I just throw them in a file. If I have a meeting with someone it is documented what we discussed etc and they sign it. Any routine changes, policies all in writing. Someone quits the famous words are write your last day on the schedule so I “remember”

When someone is fired for something like stealing and others have witnessed it I ask them to right a quick statement. Nothing fancy just a statement of what they know and I tell them I won’t use it unless I need to. Most employees are just as ticked about stealing and have no problem writing a quick statement. The key is to do it at the time and as if it is no big deal,which it’s not.

When you get the letter follow it to a tee. We have 10 days to respond. I usually include with my response, all policies anything signed by the employee and my side of the story. We have a few different sheets which discuss stealing, no call no show etc. I include those.

If you lose you have a right to appeal. They will either call or set a hearing date. Always show up. We have been to a hearing where the “proof” was not so strong and I was a bit worried but the guy didn’t show and that is an automatic denial of benefits for an employee. I have had 3 hearings and only one showed and of course he lost.

And just on a side note…if an employee leaves your place and works somewhere else for 6 months and files unemployement because of them…you still get a letter. If they worked for you in the base period you get a letter.

Hope this helps a bit, try not to take it so personal because it is not. Have a bit of fun with it. For me it is just a bit of personal satisfaction because I really enjoy my employees and wouldn’t fire them just because. It takes a lot to get fired from our place so when the thieves, druggie, no show idiots file I enjoy exposing them. We have not had to pay into our unemployement account for years because we have never had a claim. Not sure if that is just in my state but once you get to a certain amount you don’t have to pay in.

Kris