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Firing an Employee

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awl2005

Member
What is the name of your state? Indiana
I have an employee who has already been written up twice for abusive language to customers and visitors. We are a "At-will" employment. This employee recently smacked another employee up against the back of the head twice. The smacked employee was very upset about this. The employee that did the smacking thought it was no big deal. Just playing around. Do I have good grounds to fire the employee that was physically abusive along with the verbal abuses in the past? What can I state or do I even need to state, a law that covers this physical abuse? BTW, I am a non-profit organization registered as such with the State of Indiana.
Thanks. :confused:
 


T

tjr5150

Member
I know laws differ from state to state but anywhere that I have ever worked since I was 16, if you lay your hand on another employee that is grounds for dismisal.
 
S

seniorjudge

Senior Member
awl2005 said:
What is the name of your state? Indiana
I have an employee who has already been written up twice for abusive language to customers and visitors. We are a "At-will" employment. This employee recently smacked another employee up against the back of the head twice. The smacked employee was very upset about this. The employee that did the smacking thought it was no big deal. Just playing around. Do I have good grounds to fire the employee that was physically abusive along with the verbal abuses in the past? What can I state or do I even need to state, a law that covers this physical abuse? BTW, I am a non-profit organization registered as such with the State of Indiana.
Thanks. :confused:
Click to expand...
The next time this jerk slaps someone, you will get slapped with a lawsuit.

Fire him....
 
cbg

cbg

I'm a Northern Girl
You do not need to state a single thing except, Mr. Employee, your services are no longer required.

You absolutely have grounds to fire him and you do not need to quote him any laws; it is your right to fire an employee for any reason not prohibited by law, which I assure you is not the case here.
 
B

BelizeBreeze

Senior Member
cbg said:
You do not need to state a single thing except, Mr. Employee, your services are no longer required.

You absolutely have grounds to fire him and you do not need to quote him any laws; it is your right to fire an employee for any reason not prohibited by law, which I assure you is not the case here.
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My goodness the creative juices have dried up here have they?

O.K. Here's what I said to my famous "Braless" employee.

"Listen you cow, if you want to be UDDERLY disgusting do so on your own time, which you now have plenty of....YOU'RE FIRED!!!" :D
 
A

awl2005

Member
Further Problem

We terminated this employee for hitting another employee on the back of the head twice. The employee first denied it, then blamed the other party, but finally admitted it when we reminded her that we have it on video tape.

She immediately called the President of our Board of Directors (she has done this in the past when she was written up for cussing at a visitor/customer). Now the President of the Board wants us to rescind the termination and hire her back. We are fighting him on this.

Are there any good arguments we can use to put this idea of rehiring her to bed once and for all? Again, we are in the State of Indiana.

Thanks.
:confused:
 
cbg

cbg

I'm a Northern Girl
Yes, point out to him that if the employee who was physically abused by this employee sues (which s/he almost certainly will if she is rehired - I'd certainly sue in that case) the company, to put it mildly, not be in a particularly strong position. In fact, by insisting that she be hired back, if she ever does it again he personally could be found liable.
 
R

Rhubarb297

Member
awl2005 said:
What is the name of your state? Indiana
I have an employee who has already been written up twice for abusive language to customers and visitors. We are a "At-will" employment. This employee recently smacked another employee up against the back of the head twice. The smacked employee was very upset about this. The employee that did the smacking thought it was no big deal. Just playing around. Do I have good grounds to fire the employee that was physically abusive along with the verbal abuses in the past? What can I state or do I even need to state, a law that covers this physical abuse? BTW, I am a non-profit organization registered as such with the State of Indiana.
Thanks. :confused:
Click to expand...
I am an attorney in Indiana. The whole idea of "at will" employment in our state is that you don't need grounds to fire someone. Your employees work "at [your] will."

Why are you waiting around to fire this joker? I agree with senior judge that if you don't fire this guy you may be facing a lawsuit the next time he smacks someone.
 
R

Rhubarb297

Member
awl2005 said:
We terminated this employee for hitting another employee on the back of the head twice. The employee first denied it, then blamed the other party, but finally admitted it when we reminded her that we have it on video tape.

She immediately called the President of our Board of Directors (she has done this in the past when she was written up for cussing at a visitor/customer). Now the President of the Board wants us to rescind the termination and hire her back. We are fighting him on this.

Are there any good arguments we can use to put this idea of rehiring her to bed once and for all? Again, we are in the State of Indiana.

Thanks.
:confused:
Click to expand...
You don't state why the President of the Board wants you to reinstate the person. Is it because it's the President's nephew? Sounds like it.

Seriously the President of the Board needs to consult with an Indiana employment attorney. If he/she thinks it's illegal to fire the employee, the attorney should straighten him out. Also, I agree with the other post that you're lining yourself up for a possible suit if you keep this guy employed. The next time he smacks an employee or a customer, that person is going to have a nice suit against the company.
 
A

awl2005

Member
Thanks.

Thanks to everyone that replied. We did fire the employee and have told the Board President that we will not hire her back unless they want to assume ALL responsibilities for her in writing. Have not heard another work from him, yet. The fired employee is making noises and calling up the office to tell us all how much she misses us and it was all a mistake. Wants her job back but we will not hire her back under my watch.

Thanks again for all your help. :)
 
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