Articles

Firing the Employee Who Can't Stand to Tell the Truth and Summer Blues
by Dr. Lynne Curry

Question:
Can I fire an employee who lies to me if I can’t quite catch him at his lies? I’ve employed this man for two years and clients like him. He has an engaging personality and on the surface appears to be a good guy. The problem? - I can’t trust him to give a straight answer to me when I ask him a question.

I’m not the only one who has a hard time with this man. Several of his co-workers don’t trust him at all because he’s easier to see through than he thinks. If I’d been keeping documentation all along I might have had enough to fire him but I kept hoping he’d straighten out. He doesn’t seem ever to "get it," however, and always tries to shift the blame on to his co-workers when I confront him with his evasions.

I know I need a tangible reason to fire him but I’m afraid that if I wait for a tangible reason, he’ll keep creating under the surface problems. Also, I’m afraid I’ll lose other employees because they’re getting sick of the low level problems this guy creates.

Answer:
According to attorney Tom Van Flein, no law specifically prohibits firing truth challenged employees. In fact, says Van Flein, "If a company’s personnel policies don’t require termination only for "good cause" and if no union or other special agreements cover an employee, managers can terminate regular "at will" employees for any legal reason or for no reason." Van Flein additionally states that although you probably don’t need a "tangible reason" to terminate, you appear to have one in your employee's dishonesty and pattern of shifting blame.

Attorney Tom Daniel adds that in one Alaska Supreme Court case, the Court ruled that loss of trust and confidence constituted good cause for terminating a management employee, as long as the employer has objective evidence to support why they drew their conclusion. According to Daniel, your employee’s record of evading responsibility for his actions and hiding bad news gives you a reasonable basis for concluding you can’t trust him and thus sufficient grounds for discharge.

Attorney Tom Owens III agrees with both Van Flein and Daniel and adds the caution that employers in Alaska and most states have a legal obligation to treat their employees fairly and in good faith. "Company rules, and the procedures for enforcing those rules, need to be applied
as consistently as possible among similarly situated employees. Thus, I’d suggest this manager review how he’s treated similar employees in past situations."

Finally, attorney Parry Grover states that "even ‘at will’ employers may want to have legitimate business reasons for terminating employees since some exceptions to the at will principle exist." Grover suggests you let this employee know that his behavior turns you and co-workers off. "Tell him," says Grover, "that blaming others only goes so far and at some
point, he must take responsibility for his shortcomings. Then, if after documented counseling his behavior continues, it may be time to pull the plug on your employee."

Question:
We’ve had great weather lately and no one wants to work. Our office looked like a ghost town May 24th when everyone left to get a head start on three-day weekend traffic. As an employer, how can I fight everyone’s desire to play hooky?

Answer:
You can’t. When record-breaking good weather hits, even great employees long to take advantage of the summer sun. Employers need to learn how to work with weather, not fight it.

First, look for ways to reward employees who work with dedication despite an occasional glance outside. These employees deserve thanks, verbal recognition, the best assignments and an occasional guilt-free Friday afternoon off.

Second, treat fairly those who can’t resist the lure of a sunny day off by making it easy for them to use vacation, sick or extra unpaid leave to enjoy the sunshine. Then, when they return, insist on good performance and handle half-hearted efforts with the same treatment you’d mete out during winter months.

Third, incorporate good weather into your employees’ work life every chance you get. If you can, hold your next staff meeting in the park and furnish ice cream. If you need to talk informally with an employee, ask if she wants to have the meeting outside on the grass or while walking. In short, give in without giving up.