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socrateaser
socrateaser, Lawyer
Category: Employment Law
Satisfied Customers: 37956
Experience:  Retired (mostly)
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I'm in restaurant business. And I had an employee who got

Customer Question

I'm in restaurant business. And I had an employee who got sent home by the general manager at the job. Because he made mistakes and the general manager tried to correct him about the mistake. The employee started to get loud up and cursing to the general manager, then the general manager trying to avoid him disturbing the business so he sent the employee home. But the employee weren't willing to leave. The employee turn around telling customers "they have Roaches here, don't eat here...ect." to trying to make the business looks bad. Cause he think he got fired. And, right after he left the restaurant he called the owner, me, and said he just got fired. I trying to figure what happened from his side. Then I told him I have to find out from the general manger too. So, I asked him just take a break and I still paid him the rest of the day. But the next day, he went back to the store and returned the uniforms to the general manager and general manager got a message from that employee after work "says that's take this to the court". After two days, this employee started calling labor board and DEHEC. What can I so right now? Can I dismiss him from my company after he doing all this.
Submitted: 1 year ago.
Category: Employment Law
Expert:  socrateaser replied 1 year ago.

Hello,

South Carolina, like every other U.S. state jurisdiction (except Montana and Puerto Rico) is an "at will" employment jurisdiction. This means that an employer can terminate an employee at any time, for any reason, or for no reason at all.

The only general exception is where the termination is due to unlawful discrimination based on race, color, national origin, religion, sex, age or disability. Since none of these issues are in play, you can terminate the employee. Your reasons can be that the employee disparaged your business interests. That's good enough to avoid liability for unemployment insurance benefits. In short, based on your stated facts, you can terminate the employee without further liability.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

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Customer: replied 1 year ago.
What if this employee nonstop bothering my business is there any further action that I can do to protect my business?
Expert:  socrateaser replied 1 year ago.

Call the sheriff and have him removed from the premises for criminal trespass, and/or stalking. That's the only useful recourse in this circumstance.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

Customer: replied 1 year ago.
What if he using internet sites to disintegration of My business, like Facebook, twitter, Google... ect. Now days the internet it's a scared weapon to the business too.
Expert:  socrateaser replied 1 year ago.

Then, you can sue the former employee for defamation of character/trade libel, and for a permanent injunction to prevent further false statements of fact from being published. Violation of the injunction would subject the former employee to contempt of court, jail time and fines for failure to follow the court orders.

This may seem an unfair imposition on you, but that's how it's done, when someone disparages your business interests.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

Expert:  socrateaser replied 1 year ago.

Do you need any further clarification, or is my answer satisfactory?

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