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Docter
RealPoor Guru
Joined: 21 Oct 2002
Posts: 3420
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 Posted: 08/29/05 - 14:09 Post subject: Human Resource help please...
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The hotel I currently run has been open since 05/16/02. In the last few days, I've found out that our Maintenance man is a convicted **** offender and is on the county's website for such, but not listed as a predator (like that means anything). I didn't hire him and the employment application never listed an area for convictions and the like. I've called the Labor board for the State and County, they will have to research it and get back to me.
My first instinct is to fire him...NOW. This is a Hotel and there are kids in and out with their parents all the time. However, the owners are concerned about EOE violations and such, thus the calls to the Labor boards. Anyone have any dealings with just such a situation??? I'm sure NC is a "right to work" state, which means you can be fired at any time.../shrugs
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Nemo
RealPoor Guru
Joined: 05 Jan 2003
Posts: 2202
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Posted: 08/29/05 - 14:23 Post subject:
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i suppose you can fire him for lying on his app.
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principessa
RealPoor Guru
Joined: 11 Oct 2002
Posts: 3149
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Posted: 08/29/05 - 14:28 Post subject:
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Doesn't sound like he lied on his app; sounds like the app didn't ask.....
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kemble
RealPoor Sensei
Joined: 14 Oct 2002
Posts: 1909
Location: MI
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Posted: 08/29/05 - 14:28 Post subject:
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You answered your own question. If North Carolina is an 'at will' state then simply fire him if you want. Is he part of a union?
There is no EOE problem unless someone is dumb enough to make it a problem. When firing someone, you give no reason, no extraneous info, etc.
Simply say "OffenderX, effective immediately your services are no longer required here. I will need your keys, ID, phone, etc" Monitor them when they clean out their desk/office and escort them out.
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Docter
RealPoor Guru
Joined: 21 Oct 2002
Posts: 3420
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Posted: 08/29/05 - 14:35 Post subject:
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| kemble wrote: | You answered your own question. If North Carolina is an 'at will' state then simply fire him if you want. Is he part of a union?
There is no EOE problem unless someone is dumb enough to make it a problem. When firing someone, you give no reason, no extraneous info, etc.
Simply say "OffenderX, effective immediately your services are no longer required here. I will need your keys, ID, phone, etc" Monitor them when they clean out their desk/office and escort them out. |
Thanks Kemble.
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Asassin
Luke Warm
Joined: 15 Mar 2003
Posts: 329
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Posted: 08/29/05 - 14:49 Post subject:
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what kind of company is run by a bunch of idiots who don't have a felony/convictions question on their application?
i hope that your state is not an at-will state and you have to keep him on board.
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Frax
RealPoor Master of Posts
Joined: 11 Oct 2002
Posts: 8489
Location: Fuck yoiu fucking fuckers
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Posted: 08/29/05 - 14:51 Post subject:
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| Asassin wrote: | what kind of company is run by a bunch of idiots who don't have a felony/convictions question on their application?
i hope that your state is not an at-will state and you have to keep him on board. |
Most places don't ask that, they just say they will do a background check.
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Asassin
Luke Warm
Joined: 15 Mar 2003
Posts: 329
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Posted: 08/29/05 - 14:56 Post subject:
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well if thats the case, then i stand by my point of idiots. if thats the case, how do you miss a **** offender?
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kemble
RealPoor Sensei
Joined: 14 Oct 2002
Posts: 1909
Location: MI
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Posted: 08/29/05 - 15:10 Post subject:
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The Dude:
f****n' Quintana... that creep can roll, man.
Walter Sobchak:
Yeah, but he's a pervert, Dude.
The Dude:
Yeah.
Walter Sobchak:
No, he's a **** offender. With a record.
He served 6 months in Chino for
exposing himself to an eight year old.
The Dude:
Oh!
Walter Sobchak:
When he moved to Hollywood he had to
go door to door to tell everyone
he was a pederast.
Donny:
What's a... pederast, Walter?
Walter Sobchak:
Shut the f**k up, Donny
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moot
Rookie
Joined: 11 Oct 2002
Posts: 88
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Posted: 08/29/05 - 15:20 Post subject:
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Ya, NC is an at will state. Where abouts are you in NC Doc?
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Docter
RealPoor Guru
Joined: 21 Oct 2002
Posts: 3420
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Posted: 08/29/05 - 15:56 Post subject:
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Brunswick County...Southest East corner of the state on the coast.
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Eurotrash
Luke Warm
Joined: 30 May 2005
Posts: 101
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Posted: 08/30/05 - 09:53 Post subject:
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Just take care not to leave your computer turned on or he might hijack the hotel...
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Reebo
Sir Postalot
Joined: 11 Oct 2002
Posts: 1260
Location: Downtown Miami
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Posted: 08/30/05 - 16:34 Post subject:
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I'm sure you can find some reason to fire him everyone has made a mistake. I know for a fact people get fired for b.s. reasons but the company will find something to use on you.
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kemble
RealPoor Sensei
Joined: 14 Oct 2002
Posts: 1909
Location: MI
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Posted: 08/30/05 - 16:38 Post subject:
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| Reebo wrote: | | I'm sure you can find some reason to fire him everyone has made a mistake. I know for a fact people get fired for b.s. reasons but the company will find something to use on you. |
Giving a reason only serves to give an employee grounds for a wrongful termination suit.
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Reebo
Sir Postalot
Joined: 11 Oct 2002
Posts: 1260
Location: Downtown Miami
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Posted: 08/30/05 - 16:51 Post subject:
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| kemble wrote: | | Reebo wrote: | | I'm sure you can find some reason to fire him everyone has made a mistake. I know for a fact people get fired for b.s. reasons but the company will find something to use on you. |
Giving a reason only serves to give an employee grounds for a wrongful termination suit. |
I only meant if you had to give a reason sometimes you do.
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Frax
RealPoor Master of Posts
Joined: 11 Oct 2002
Posts: 8489
Location: Fuck yoiu fucking fuckers
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Posted: 08/30/05 - 16:52 Post subject:
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| Reebo wrote: | | kemble wrote: | | Reebo wrote: | | I'm sure you can find some reason to fire him everyone has made a mistake. I know for a fact people get fired for b.s. reasons but the company will find something to use on you. |
Giving a reason only serves to give an employee grounds for a wrongful termination suit. |
I only meant if you had to give a reason sometimes you do. |
if you have to give a reason, then it has to be a legal reason to fire a person. In 'at-will' they can fire you for farting at lunch time on your break, in places were 'at-will' does not apply, they almost always have to have a valid reason to fire you.
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Reebo
Sir Postalot
Joined: 11 Oct 2002
Posts: 1260
Location: Downtown Miami
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Posted: 08/30/05 - 17:00 Post subject:
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| Frax wrote: | | Reebo wrote: | | kemble wrote: | | Reebo wrote: | | I'm sure you can find some reason to fire him everyone has made a mistake. I know for a fact people get fired for b.s. reasons but the company will find something to use on you. |
Giving a reason only serves to give an employee grounds for a wrongful termination suit. |
I only meant if you had to give a reason sometimes you do. |
if you have to give a reason, then it has to be a legal reason to fire a person. In 'at-will' they can fire you for farting at lunch time on your break, in places were 'at-will' does not apply, they almost always have to have a valid reason to fire you. |
Right and say if they liked you and you came to work late they let you slide, the don't like you and you show up late they fire you. People mess up and if a company wants you gone even in a state where you need a valid reason it wont be long before you make a tiny mistake that they can use to can you.
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Frax
RealPoor Master of Posts
Joined: 11 Oct 2002
Posts: 8489
Location: Fuck yoiu fucking fuckers
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Posted: 08/30/05 - 18:59 Post subject:
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What if the guy shows up for work on time, does a great job, and has no problems at work?
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Jukas
Toomuchtimeonhands
Joined: 19 Mar 2003
Posts: 896
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Posted: 08/30/05 - 20:11 Post subject:
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| Frax wrote: | | What if the guy shows up for work on time, does a great job, and has no problems at work? |
Then you lay him off, and provide him with a letter of recommendation that he'll use when applying for the daycare job a couple blocks away.
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Reebo
Sir Postalot
Joined: 11 Oct 2002
Posts: 1260
Location: Downtown Miami
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Posted: 08/30/05 - 22:02 Post subject:
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| Frax wrote: | | What if the guy shows up for work on time, does a great job, and has no problems at work? |
You set him up. 
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Nahualli
RealPoor Master of Posts
Joined: 11 Oct 2002
Posts: 8461
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Posted: 08/30/05 - 22:43 Post subject:
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| Frax wrote: | | What if the guy shows up for work on time, does a great job, and has no problems at work? |
You claim his position is being eliminated due to a financial reorganization/restructuring.
-Nah-
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Docter
RealPoor Guru
Joined: 21 Oct 2002
Posts: 3420
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Posted: 08/30/05 - 23:41 Post subject:
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I called the Department of Labor in this county and for the state of NC...they both said the same thing. As long as I don't violate EOE codes, I can let him go. EOE violations would be if we didn't want to pay him owed wages, if he got injured on the job, or if we were letting him go due to his race, religion, or such.
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