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Quit & Complicated Issues

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W

windar

Guest
Hi,

This is for WA State and is just lovely. Really for issues post-quit, hopefully OK to post here. Read on.

An employee (manager) quit after failing to get management to fire a newer employee. False issues of misconduct were made. (We later learned the only misconduct was by the employee initiating the complaint). However, pursuant to company policy there was no action taken that might have been construed as retaliation.

The manager was giving the employee the "silent treatment", making it almost impossible for the newer employee to satisfy the manager. At the same time, the manager was not performing their own job duites, blamed the new employee for the lack of production, and was polarizing other employees by slandering this new employee. Keep in mind that the performance of the new employee exceeded company expectations during this period.

After an internal investigation, the end result is that the manager was asked to make amends with this employee and return to work in the designated area. After only 3 days the employee gave notice to quit stating they were "burnt out". In the final weeks of employment, there was little productivity, as to be expected to some degree. However, there are also issues of misconduct that we have now discovered.

In particular there are a couple items of question. The employee released retail merchandise to a family member at no cost and deeply discounted merchandise to friends without management's knowledge. In the case of the former, what is the recommended course of action? Should we attempt to collect from the ex-employee or from the family member (who probably has no idea they a couple hundred dollars)? As to the discounted sales, do we have any recourse if we technically did not lose money on the sales?

The employee quit on good terms with the company (as we did not discover some of these items until later)...

After the quit, the ex-employee filed for UI claiming "hostile workplace". Existing employees are aware that the ex-employee realized they might not qualify for UI without good cause and wanted their help to claim a quit because of "hostile workplace". Further the ex-employee had even contacted a former employee to ask them to "corroborate my story". Current and former employees did not feel this was ethical and brought this to our attention. There is also a case where the ex-employee asked a current employee to remove merchandise from the presmises, however we caught this.

If you have gathered anything from the first couple paragraphs you won't be surprised that the ESD decision has been appealed and then petitioned for review. Since this was technically a quit, the issues of misconduct were irrelevant in the UI decision. Anyhow, the day after a UI Benefits hearing, one of our employees who acted as a witness received over a dozen hangup phone calls to thier private extension.

Should we simply turn over the issues in question to competent authority? It is not our intent to purposely aggravate the ex-employee further and we fear the safety of our current employees. We don't mean to purposely embarass this employee by contacting their family member without their knowledge, but obviously we aren't on speaking terms with the ex-employee.

Any suggestions? There's more, but these are the more pressing issues.

Thanks!
 
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