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Terminating a Contract-to-Hire
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Terminating a Contract-to-Hire
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
We have had a contractor at our firm. He has done a great job so we made him an offer, he accepted and is scheduled to go contract-to-hire very soon. A cleaning woman told us that he showed her pornog
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Terminating a Contract-to-Hire
posted at 7/15/1999 5:39 AM EDT
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Posts: 1
First: 7/15/1999 Last: 7/15/1999 |
We have had a contractor at our firm. He has done a great job so we made him an offer, he accepted and is scheduled to go contract-to-hire very soon. A cleaning woman told us that he showed her pornographic pictures from the Internet. He cleared everything out but one employee did open a file and saw the pictures. We cannot, however, prove that this contractor did anything.
Can we stop the hiring process now? Do we have to have a formal investigation? Since he is still a contractor, we shouldn't have to give a reason for ending his employment, but since he has been offered a job and has accepted, it adds a whole new wrinkle. We believe that he did misuse our Internet system and that he made unwanted advances to the cleaning woman. What can we do? |
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Terminating a Contract-to-Hire
posted at 7/15/1999 5:06 PM EDT
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Posts: 2217
First: 6/16/1999 Last: 12/13/2001 |
As we frequently do, let's start with the employment at will doctrine: in the absence of an agreement to the contrary, an employer can terminate the employment relationship for any reason, wise or foolish, just not an illegal reason. (Since you have offered a job, and he has accepted, there appears to be an employment relationship now, although before that he may simply have been an independent contractor. To the extent he has not started work as an employee, though, it may be useful to think of this as a refusal to hire situation, rather than/in addition to a termination-- both are covered by antidiscrimination laws).
A bit more explanation on a few issues would be helpful. Is the cleaning woman an employee of your company? Did she complain to your company that he made unwanted advances? If not, how did you learn of the incident? Can you demonstrate that he violated the company's anti-harassment policies? With respect to the internet pornography, do you have an Internet policy? (If not, here is a good example of why they are a good idea). Can you prove whether he violated it? In short, the better your documentation of the situation, the stronger your protection in the event this person should ever commence a proceeding. |
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