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Barrister
Barrister, Lawyer
Category: Employment Law
Satisfied Customers: 37376
Experience:  16 years practicing attorney
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We have a problem with a former employee at my family

Customer Question

we have a problem with a former employee at my family bakery
JA: What state are you in? It matters because laws vary by location.
Customer: michigan
JA: Has anything been filed or reported?
Customer: well she first called the health dept on us, anonymous tip....the called the medicaid office and said we werent reporting all of our income
JA: Anything else you want the lawyer to know before I connect you?
Customer: this former employee is calling in "anonymous tips" harassing my business and personal life but we have no proof, what to do??
Submitted: 4 months ago.
Category: Employment Law
Expert:  Barrister replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Are you reasonably sure who the person is who is doing this?

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Is the employee under a written fixed term contract (i.e. a year long contract)

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Were any of the accusations found to be true?

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thanks

Barrister

Customer: replied 4 months ago.
we are 99% sure but since the calls are anonymous, we have no proof and they are both within a matter of a week. No the health complaint was that we has rats(found to be not true), but we did need general cleaning, the Medicaid office said we were bringing home $2000/week, also not true, I get a regular paycheck nowhere near that. No contract, just a small bakery and we just hired her less than 2 months ago
Expert:  Barrister replied 4 months ago.

Ok, then fire her if you are fairly certain it is her..

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If she has no written contract, she is legally an "at will" employee and you can fire her at any time for any reason or no reason at all. Since she has not worked there very long, you wouldn't be liable for unemployment benefits as she wouldn't have enough credits towards the base period.

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thanks

Barrister

Customer: replied 4 months ago.
well she is still calling in anonymous tips against us, and I dont think she is done, isnt this some form of harassment.
Expert:  Barrister replied 4 months ago.

isnt this some form of harassment.

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Sure it is... but you have no proof it is her... So all you can do is fire her and see if the anonymous tips stop... It might have been her or it might scare whoever is doing it into stopping for fear of getting fired too.. either way it should stop the baseless complaints..

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thanks

Barrister

Customer: replied 4 months ago.
ok, well we have not confronted her and are just going to not call her into work stating that business is very slow. Since she has only worked there for a little over a month we will hope she gets the hint and leaves us alone, if it continues though, would it be better to contact a lawyer or the police. We have a small business and only family or close friends work there so there is no one else it could be who knew the personal details filed in the "tips"....we have no proof but we do KNOW it was her....
Expert:  Barrister replied 4 months ago.

I agree the best option is to just terminate. Once she is gone, presumably her time will be spent trying to find a job somewhere else so she can be a thorn in their side.

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The police won't get involved since this is a purely civil matter and an attorney could only send her a letter threatening her, but without any proof, it would be hard to do anything else..

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thanks

Barrister