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Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 41530
Experience:  30 years in Employment law
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I have two employees that are behaving in a inappropriate

Customer Question

I have two employees that are behaving in a inappropriate way , can I terminated both for this without recourse .
Submitted: 7 months ago.
Category: Employment Law
Expert:  Ray replied 7 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  Ray replied 7 months ago.

Yes this would be considered termination for cause.You have employees that have acted inappropriately and you can terminate them as at will employee.I don't see a problem at all doing so and you can contest any UI claims if they try to file for benefits.There is good cause in this situation to act as employer to terminate them both under Michigan law.You may proceed to do so.

I appreciate the chance to help you tonight.Thanks again and the best here.

If you can positive rate 5 stars it is much appreciated.

Customer: replied 7 months ago.
I have a salon and the Two got carried away and one took a inappropriate photo of the other , I just want to be sure this will in no way come back as sexual harassment or anything like this for me , the salon is under contract and sale is a taking place in few days .
Expert:  Ray replied 7 months ago.

I can do unlimited chat here online not yet set up for calls, accept and ask anything you want, you can even come back to it later.

Expert:  Ray replied 7 months ago.

Let me know if you have follow up here.Thanks for rating when we are done.

Customer: replied 7 months ago.
Hi Ray
So how should we proceed
Customer: replied 7 months ago.
Should I take statement from both and type up a plan of action then suspend one of them?
Customer: replied 7 months ago.
For the sure the one at fault?
Because who knows it might be a game between the both of them to sue
Expert:  Ray replied 7 months ago.

Yes you can here, statements are good evidence and you can suspend or terminate them.

Expert:  Ray replied 7 months ago.

Gathering statements and evidence for your hr files is a good way to protect yourself that there was cause for adverse action against employees here.

Customer: replied 7 months ago.
after that what happens can they still sue
Customer: replied 7 months ago.
if they do they have a chance to win?
Expert:  Ray replied 7 months ago.

Anybody can sue but I don't see they have any merit or ability to prevail.You have good documentation here to take adverse action and suspend or terminate.They are employees at will.

Customer: replied 7 months ago.
The new owner is taking over on Monday should I notify any of them
Expert:  Ray replied 7 months ago.

Yes I would do so here.That is being consistent about the known problem.Thanks and good luck here.Thanks for positive rating.

Customer: replied 7 months ago.
The new buyer?
Expert:  Ray replied 7 months ago.

Yes the new owner you reference above makes sense to notify them as you state.

Customer: replied 7 months ago.
Michigan u can terminate both without recourse
Expert:  Ray replied 7 months ago.

Yes they are employees at will under Michigan law.