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I have an employee. He is a very hard worker. He always make…

I have an employee. He...
I have an employee. He is a very hard worker. He always make sure his job done in a timely manner. However, he is extremely short-tempered and very sensitive. He can be easily explode and start to crazyily yell at anyone including management. Just a few weeks ago, he yelled at a coworker (a girl) and made the girl felt intimidated because he mentioned he has gun and he don't scared of anyone. The girl quitted the job later. We issued him a written warning saying if he yell again he will automatically resign and he agreed. In the mean time, we cut his hours as a penalty, which resulted his hate to us. Unfortunately, he became hysterical again today and yelled at the management. We looked like he was about to hit the manager but he controlled himself but verbally hysterically yelling. For the safety reason, the manager did not argue with him to avoid further problem. Now we are in the dilemma that if we fire him immediately but we don't know what kind revenge he will take; if we don't, or just cut his hours let him find another job, he will feel he can do whatever he want and think everyone is afraid of him, which will hurt the whole business. What solutions do we have?
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Answered in 1 hour by:
3/12/2018
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,387
Experience: Significant experience in all areas of employment law.
Verified
Good evening and welcome. The sort of behavior you are describing is absolutely unacceptable for the workplace and something no reasonable employer should tolerate. In terms of how to let them go, you could take the friendly approach and explain as nicely as possible that they are not a good fit and pay the a small amount of severance money, no strings attached to "help make sure they land on their feet." Alternatively you could take a more hardline approach by terminating them and then applying for a restraining order--something that might very well be granted given this individual's violent threats. How you choose to proceed is up to you, but these would typically be the best options in terms of approaches to take.
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Customer reply replied 4 months ago
Thank you for your great idea! I think I am gonna offer him a small amount of severance money and a signed pink slip as a condition that he resign from the job, if he doesn't accept, he will not get the severance money and not able to get the unemployment insurance. Based on your experience, how much severance money is good to offer, is there an industrial average or standard like a week average hourly pay? Should I let him sign a document to state he agreed the deal and will not come back for any reason. Do you have any such sample legal document?
Customer reply replied 4 months ago
i think i need add a non-disclosure clause in it too. I can not let everyone else know what happened between me and him. This is a very bad example, even though my purpose is just to create a safe working environment for everyone.
If you are just offering severance with no strings attached, then three or four weeks pay is extremely generous. If you want a waiver of legal claims or nondisclosure agreement, then 6-8 weeks would typically be more reasonable.
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Unfortunately I cannot provide you with specific language to use as we are prohibited from doing that here. However there are many samples available online if you perform some basic searches for "sample nondisclosure" or "sample severance release of claims."
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Please let me know if there is anything else I can do for you this evening....
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Customer reply replied 4 months ago
Is waiver of legal claims really needed? I am not mistakenly terminate him. What kind of legal action he can take on me? I think i agree he can claim unemployment insurance will benefit him at least 6 months. Plus 2-3 weeks severance money. I would take the money and disappear immediately if i were him. :) If all employees like this, small businesses will hardly survive.

No, there is no legal action based on the facts you have described that could typically be taken. You were the one that suggested having him sign something so that "he could not come back for any reason" so I assumed this was something you wanted. I agree that if you offer some money and agree not to contest unemployment benefits that he would be wise to take the money and disappear. That us likely what will happen and the reason why this would typically be a wise course of action for an employer in your circumstance to take.

Again, I hope this helps. If there is anything else I can do for you this evening before we wrap up please let me know. Otherwise, if you would please take a moment to positively rate mys service to you that will enable me to receive credit for my time this evening.

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Was there anything else I can do for you here?

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Are you still with me? I am still online, awaiting your response or rating so that I can move on to assisting other customers....

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Customer reply replied 4 months ago
Sorry, I fell asleep last night. I am worried we can not reach an agreement during the talk or he just don't want to talk. Should we call a police to escort the process? Or just talk everything with him on the phone and wait how he respond.

That's okay. The police will not assist you in negotiating a severance agreement. You would not want to involve them anyway, as this could give rise to a claim for duress, or worse, extortion. Any severance agreement needs to be negotiated directly between you and the employee Sure, there is a chance they will refuse, but there is always that chance. You cannot let those worries control what you do. I would propose everything through email , which is the medium of communication through which tempers are least likely to flare.

Again, I hope this helps.

Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,387
Experience: Significant experience in all areas of employment law.
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