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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Business Law
Satisfied Customers: 12996
Experience:  B.A.; M.B.A.; J.D.
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I own a small private school. (not a day care) It is extremely

Customer Question

I own a small private school. (not a day care) It is extremely high profile and our clients are comprised of national celebrities, national sports champions, and corporate executives. I have been in this business 20 years and have a stellar reputation.
The current director left to have a baby. I hired a new director. Following approx. $4,000 in specialized training, 3 weeks into her job, she announced that "this job was not for her; she would not be returning next school year."
She wants to stay on staff this school year, get paid full salary, and have her children attend for free (part of her benefits).
Her performance as just above ineffective. She has a chip on her shoulder against me personally, which I don't understand, and does not represent the school well. She has been overheard to say she "hates" her job. She's been paid for 4 weeks - I just wanted her out while I collected my thoughts. She cannot return. Am I obligated to her for anything else?
Submitted: 4 years ago.
Category: Business Law
Expert:  Phillips Esq. replied 4 years ago.
What kind of employment relationship do you have? Employment at Will? Employment Contract?
Customer: replied 4 years ago.
Employment at Will. No contracts. No signed agreements.
Expert:  Phillips Esq. replied 4 years ago.

Thank you for the clarification.

 

Am I obligated to her for anything else?

 

Response: No, as long as she has been paid for job performed. You can fire her for any reason or no reason at all so long as the reason that she is being fired is not on any of the prohibited grounds such as race, age, national origin, etc.

Customer: replied 4 years ago.

1.) How do I handle her (unfounded and untrue) disparaging comments to our clientele?

2.) May I retain the training certificates that I paid for that were specifically for this job?

3.)

Customer: replied 4 years ago.

1.) how do I handle her untrue disparaging comments to our clients?

2.) may I retain the training certificate that I paid for her to get solely for this job that she did not fulfull?

Expert:  Phillips Esq. replied 4 years ago.

1.) How do I handle her (unfounded and untrue) disparaging comments to our clientele?

 

Response: You may pursue a claim of defamation against her. Generally, in order to win a defamation/slander suit, you must be able to prove all of the elements of defamation. Generally, you must be able to prove (1) that a defamatory statement was made against you; (2) that there was a unprivileged publication of the statement to a third party; (3) if the defamatory statement is a matter of public concern, fault amounting at least to negligence on the part of the publisher; (4) then finally you have to prove that you suffered damages as a result of the defamation.

 

You need to consult with a civil rights lawyer in your area to assist you in putting your defamation case together as a defamation case can be very difficult to win. Interview at least three attorneys or review their web sites and see which one will be a better match for you. You want to look for someone who is not too busy to handle your case; someone who will return your phone calls in a timely manner, and someone who will give you prompt updates on your case.

 

http://www.lawyers.com/Civil-Rights/Florida/browse-by-city.html

 

 

2.) May I retain the training certificates that I paid for that were specifically for this job?

 

Response: Yes

 

 

I did not see a third question.

Phillips Esq., Attorney-at-Law
Category: Business Law
Satisfied Customers: 12996
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and 3 other Business Law Specialists are ready to help you
Customer: replied 4 years ago.

Oh, I have no intention of any defamation case against her!

I was just curious if I should address it with her or let it go.

 

She has been paid for one month "leave of absence" at my request - just to get her off property so I could assess the damage.

 

She took the Director's Creditials from her file - without permission or without notifying anyone. How do I get it back or make it void?

Expert:  Phillips Esq. replied 4 years ago.

Oh, I have no intention of any defamation case against her!

I was just curious if I should address it with her or let it go.

 

Response 1: Let it go since you are trying to get her out of the company as quickly as possible.

 

She has been paid for one month "leave of absence" at my request - just to get her off property so I could assess the damage.

 

She took the Director's Creditials from her file - without permission or without notifying anyone. How do I get it back or make it void?

 

Response 2: You can request that she return it to you. I do not know how you can make it void. I am not sure that it is possible to void it.

Phillips Esq., Attorney-at-Law
Category: Business Law
Satisfied Customers: 12996
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and 3 other Business Law Specialists are ready to help you
Customer: replied 4 years ago.

Should I put her termination in writing and give reasons for it?

 

Expert:  Phillips Esq. replied 4 years ago.
Yes, you may do so in writing and give reasons. Refrain from being specific because since she is an employee at will you do not have to give reason for the termination.
Customer: replied 4 years ago.

Today, this employee withheld information that is required for our relisencing that is in her posession, unless I promised she could have her job back full time, which I won't do.

 

I offered to job share with her after our Winter Break. Her salary would not have been reduced and her children would stay on at no charge.

 

All offers are off the table and I want her gone.

 

Should any of that go in writing or should I let it alone?

 

Expert:  Phillips Esq. replied 4 years ago.

Should any of that go in writing or should I let it alone?

 

Response: Let it alone.

Customer: replied 4 years ago.

thanks.

I think I'm just angry right now.

Thanks for the good advice. I'll get over it and leave it alone.

Expert:  Phillips Esq. replied 4 years ago.

You need to let it go.

 

Some personalities are very difficult to deal with. Do not let your anger write the termination notice for you. You need to remain objective, be simple and to the point. You do not want to make the issue more complicated than it should be.

 

All the best,

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