Some of you may remember my employee who had a drinking problem (she drank @ work)

well this morning she walked out.. i need to write down what transpired in order to protect my company and ensure that we can dispute any unemployment claims she may submit

she has been a troublesome employee for some time and i have documented her lack of productivity, her tardiness and her general attitude.

does this look ok?


start copy

Monday, June 13, 2005

Re: employee

Brief synopsis of what transpired the morning of June 13th.

I walk into the office at 8:10. employee proceeds to tell me that she beat me into the office two days in a row. Typically, employee arrives into the office between 8:05 and 8:15 each and every day even after being spoken to about arriving on-time. I explain that I was in fact here earlier and had to pick up a colleague. She then burst out saying that when she arrives late, she stays to make up the time. This is in fact, not true. Most days, employee leaves the building at right at 5:00pm.

I then overhear emploee talking on the phone to another employee. She seemed very agitated. She then hangs up the phone, gathers her things and states

 

Not an HR person, but as a former manager I'm not sure if that constitutes quitting or not. If you've documented all these issues, I don't see why you can't fire her. Or just send her a letter telling her her resignation has been accepted. I don't believe she can collect unemployment if she quits. Only if let go (not fired).

 

It does sound like you have plenty to fire her for.

And generally speaking fired person does collect unemployment, the person who quit does not.

We tried to fight the unemployment benefits for one fired employee who got into a fist fight with another in our shop.

We lost! Apparently, you have to be REALLY bad to get fired and not collect in the state of Taxachusetts. Guess trying to beat up on a fellow employee wasn't enough back then.

 

I could be wrong about this as it's been a very long time since I had anything to do with hiring and firing, but I thought that even a person who quits could collect unemployment. I thought that the initial waiting period was longer, but that was the only difference. Again, I could be wrong, but that is what I seem to remember.

 

Youknow, it's really not that clear to me. I thought I heard about a court ruling in a similar case, but I can't find any reference with Google at the moment. But frmo what I remember, just walking out is not always construed as quitting.

Better check with a lawyer.

If she happens to come back tomorrow, better make sure she does not get paid for today.

 

Rob in our area, most times people who quit are not entitled to unemployment compensation. In the "old days" there used to be a 10 week "penalty period" or something like that, but that is not the case now.

People quit and do file for benefits and are given a hearing. One employee here quit, and I went to the hearing stated my case and he did not receive benefits. There are, of course, exceptions to the rule. My sister quit her job and was able to prove that her immediate supervisor was basically a nut job. The department manager was well aware of the situation and did nothing to change it, and admitted it at a hearing, so my sister was able to collect.

Documentation of bad situations is extremely important and I think Steve has that base covered.

 

update

back from lunch and receive an e-mail from HR

emplyee called me and asked for an emergency vacation day today. Stated she has some work issues that need to be discussed with MY BOSS but knew he was not going to be in today and was too upset to stay at work. She will be in to work tomorrow at usual time.

I've spoken with my Boss (he's on the golf course today) and explained that she quit - and he's fine with it and stated we'll get someone else

 

my response to HR

I am sorry BUT I do not want this employee working for myself or "company name" after today's outburst.

my boss' name and I spoke right after the incident, and we both believe by walking out and stating "I'm done, tell XXX I'll call him tomorrow" she essentially quit.

Furthermore, what does this type of incident do to the " supervisor / employee" relationship.

We all have been extremely patent with this employee, giving her all kinds of opportunities to improve her performance to no avail.

Please advise what needs to be done so that we can move forward on this issue.

Thanks
Steve

 

Sorry but I think that you are on the hook here. The statement that you quoted her making can be reasonably inferred to mean that she had had it today and would be in contact with her/your boss the next day to discuss a situation. If the person had explicitly said "I quit" then you might have a more solid case but by being unclear as to her intentions and then calling HR to request a vacation day the person has amply signalled her intent to stay.

 

I think you're right. I am sure she spoke with another mananger her (her roommate) who probally advised her what to say to H/R.

I asked H/R to tell her to come in tomorrow @ 10:00 am so that i'll have time to talk to my boss

In MA we are an employee @ will state - hopefully he will side with me and we will move forward otherwise i will move forward

Thanks everyone