Terminating employment for no call/no show

Lurker571 · #1 10-17-2005, 02:42 PM

Let's say I have an employee who is currently working as an outside salesperson and customer service rep with no set schedule and no office.

This employee's main responsibility at this point is collecting payment for sales which he himself made, and this responsibility alone has proven to be too difficult for him.

This employee has, for the past several months been completely unproductive, does not report in to the home office and repeated attempts to contact him have been met with failure.

Cursory investigation reveals this employee may have founded a competing business while on my payroll and is most likely using company assets including company laptop and access to customer lists to grow this competing business.

What are my options for terminating this employee? If I stop paying him I know I can be sued for severance pay, however I wonder if under the circumstances there may be some way within the law for me to cut him off.

Robert · #2 10-17-2005, 03:11 PM

Just pay him off and get rid of him.

My guess is any lawyer will tell you the same.
That's unless you have an overwhelming amount of photographic, video and other documentation to prove your case. Even then, the chances are the judge will side with the employee.

Cut your losses...

Rocky · #3 10-17-2005, 05:06 PM

I believe that you have to register 3 official complaints with the Secretaria before you can terminate the employee without paying liquidacion, unless the laws have changed.
Be aware, that all your books will have to be in order, otherwise, Robert's suggestion is the best route to take.

HOWMAR · #4 10-17-2005, 05:27 PM

Termination for no call/no show is common in our business. First, it is important to document every occurance with a report to the labor Department within 48 hours and with notice to the employee. After the second NC/NS we have the employee meet with a representitive from thelabor Department who advises the employee that we intend to terminate him on the next NCNS without liquidation. In fact NCNS and any absence without a medical certificate is the same. On the third occurance we notify the Labor Department that we are terminating the employee without liquidation and notify the employee as soon as he returns. He is not permitted to return to work. So far, with prior notification of the Labor Department and the employee, we have not been held liable for liquidation.
The only time we do have trouble is when they produce what is an obviously bogus medical certificate.

Lurker571 · #5 10-17-2005, 05:40 PM

I wonder how that works since the employee in this case does not have a specific place he is supposed ot be or a specific time to be there.

I do believe I will have to pay his liquidation, it just hurts because I have already been paying him for months to compete with me directly, and on top of this I have to give him what amounts to several thousand dollars more. (this is no minimum wage employee)

HOWMAR · #6 10-17-2005, 06:00 PM

Quote:

Originally Posted by Lurker571

I wonder how that works since the employee in this case does not have a specific place he is supposed ot be or a specific time to be there.

I do believe I will have to pay his liquidation, it just hurts because I have already been paying him for months to compete with me directly, and on top of this I have to give him what amounts to several thousand dollars more. (this is no minimum wage employee)

You live and learn. Don't blame the fact you are paying on the employee. Poor management and documentation are to blame.

Hillbilly · #7 10-17-2005, 06:24 PM

Then you sue him for damages and violation of confidencial information.

Make him pay his lawyers to fight you. Instead of paying him, you pay the lawyers and make his life hell for a while.

But this takes documentation.

HB

Criss Colon · #8 10-17-2005, 06:30 PM

Be a little "creative" here! Think like a Dominican! Go to your local police office.File a complaint against the employee for theft

of your laptop,and other company assets!He just left one day,"?" weeks ago and never came back.You have tried to contact/find him with no success.Case closed! Bet that will get his attention!Then you can negotiate from a position of power.He signs a paper that he is leaving of his own free will,you pay no liquidation and will drop all charges if he returns all property of the company in good condition.

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HOWMAR · #9 10-18-2005, 09:52 AM

In a perfect world, yes you sue him for damages, etc. But this surely ain't no perfect world. Your upfront legal costs would exceed your gain or savings.
As to having him thrown in jail. Where is the documentation that you asked for the return of the computer. You haul him in, he says you never asked for the computer or ever fired him. If you say you fired him, there better be a notice on file with the Labor Department. In addition to liquidation you may owe him in a false arrest claim.

Best thing to do is call him in, negotiate a settlement. Even if youfire him for cause you are still going to have to pay his Christmas Regalia and vacation. This is usually about half the liquidation. Offer him something above this and hope he settles. Otherwise, the longer you prolong this, the more it costs. If you fail to pay proper liquidation and he files against you with the Labor Department. They may (and usually will) order you to pay the liquidation plus full salary for the period from when you fired him until the case is resolved. This can be 6-12 months additional salary. Do you want to roll the dice?

Conchman · #10 10-18-2005, 10:23 AM

You're better off just firing him and paying the severance pay. If you dont' pay it you will be sued for sure (for much more than the severance pay, they will find 'overtime' and all kinds of charges) and the lawyers fees will cost you more than the severance pay. About half you have to pay anyway, the Christmas and Vacation money. Its just not worth it - the courts are really skewed towards the employees and businesses never win.

And you save yourself a lot of headaches.