Lisa N:
First you have to understand that I am speaking from the perspective of working in a white collar world.
I’m sorry to hear that we blue collar folks don’t count.
The law perceives employees to be the weaker party against the employer and thus the law works to give them some benefit of the doubt and a number of protections. Also even though the aggrieved employee might think he/she is unable to bring legal action there are state boards and other government agencies that also help protect employees’ rights.
The law percevies employees to be the weaker party because WE are the weaker party. And no law gives the presumption of guilt to an accused employer. The burden of proof remains on the worker. And let me say that most of these laws, from the NLRA to the ADA which someone here mocked, were supported by the Catholic church.
Further since slavery has been outlawed for over a century, any employee is free to leave a situation that has become untenable and if you have been at all observant, a number of these groups have gotten together to sue their employers for such things as unpaid OT, racism, etc
And I can cite you the laws which prohibit an employer from discriminating on the basis of race or not paying overtime. yet another poster here says people just sue willy nilly and don’t even need a law prohibiting a practice.
I know in our business, terminating an employee, even one that is incompetent or even destructive is like defusing a bomb. We NEVER terminate anyone without a consultation with our attorney and her advice as to how to document and proceed with the employee’s departure.
Losing a job is not a nice thing.
i’ve know lost of the types of businessmen who thing “I’m the big ole boss. I run this company based on my gut. If I think a guy’s slacking, I fire him.”
You darn well should document the employee’s behavior.
I don’t believe in your world full of slacker employees but with no bosses that ever discriminate on non-merit factors. I think both exist. And given that both exist, if you are going to fire a accused slacker, you better document the reason why.
Trust me, I know the situation. Glowing performance reviews and then all of a sudden – termination. And not always because the employee was all that perfect, but because the bossman was too lazy to write a proper performance evaluation.
I don’t buy your trust the boss theory. Both sides have their rights and their obligations.
You know Katherine, now that I understand your age group, you don’t sound so out of touch. You are very much typical of the mentality of the people who lived through WWII,
Lisa N
And if it wasn’t for us you would eating saurkraut and putting your hand in the air right now.