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I am seeking advice regarding employment rights. I have a staff of 8 personnel out of the entire staff 5 called in this morning prior to 8am. 2 call in sick, 1 an appointment personal in nature, 1 child's appointment, 1 grandfother and grandmother need to be with them. Which created an impact on my office daily operation. Later, on or about 2pm I discovered a letter addressed to me signed by 6 out of the 8 employees. The employee who were my billing clerk called a special meeting and had them to sign the letter dated 9/3/09. Summarized as follows "We the the staff has decided not to return to work from 9/4/09 to 9/10/09 due to the decrease in pay which cause us financial stress. We can no longer afford gas to come to work. We want more money. Prior to the cut back due to the declining economy and cut in Medicaid programs it lead me as well as other agencies to cut back. I must remove billing clerk form position due her discussing company billing information and created chaos.
State/Country relating to Question: North Carolina Already Tried: First, becuase of the prior destorying of information documents by previous employees when they got angry and left. I have changed important password XX all accounts, re-keyed locks to office in order to manage security from employees coming in destorying documents or tapping with billing. The billing clerk will be offered another position along with others if I can not terminate. I have ordered all employees back to work on 9/9/09.
Hi blee,What is your question, please?
I need to know what can I do as a result of the employees call in with other execuses for their absence from work prior to me discovering the letter signed by them on 9/3/09 stating they would not be coming to work start 9/4/09 to 9/10/09 which 9/10/09 is the day they get paid.
You cannot force them to work. However, unless you have a contract with them, you can fire any of them at any time.Additionally, and again as long as there is no contract, you are allowed to reduce salaries.
Can they draw unemployment if I fire them. To have them in my office can be cruicial to my agencies because in the past I had employees to shread documents and tamper with consumers medical records without me having proof of who did it.
Whether or not they can draw unemployment depends on whether it can be determined by the unemployment board that they were at fault for being fired. Calling in sick when an employee is not sick is "at fault" grounds for being fired.If you fire them and they file for unemployment, at that time you will be allowed to contest the unemployment award, based on the fact that they were at fault, and the letter will help prove your claim.Destroying your documents and tampering with the medical records is a crime, and you should let them know that you will call the police if it happens. If you do not know who actually does it, the police can arrest all of them.You may consider putting in a video monitor like the ones parents use to check on their children and their babysitters. This way you will know who the guilty party is.
Attorney
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