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just cause for letting a veteran go
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just cause for letting a veteran go
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
We have an employee retuning to work from active military duty and we have given him a job and are making up any pay increases he would have gotten had he been here. However he has a very bad attitude
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Forums » Topic Forums » Legal Forum » just cause for letting a veteran go
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just cause for letting a veteran go
posted at 9/11/2009 4:29 AM EDT
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Posts: 1
First: 9/11/2009 Last: 9/11/2009 |
We have an employee retuning to work from active military duty and we have given him a job and are making up any pay increases he would have gotten had he been here. However he has a very bad attitude and is not preforming his job in a satisfactory manner, do we have cause for letting him go? He has already mentioned to a manger if he didn't get certain things he felt he was entitled to he was going to the Governor's office. I know the USERRA states they can not be fired for one year except for cause but constitutes cause? We want to make sure we are doing the right thing. |
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just cause for letting a veteran go
posted at 9/11/2009 4:38 AM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
I strongly suggest seeking competent legal counsel on this one. This is NOT an easy question that could be answered on this board. It's going to depend on the details of the situation and what documentation the company has. |
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just cause for letting a veteran go
posted at 9/11/2009 5:35 AM EDT
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Posts: 1783
First: 11/11/2003 Last: 5/13/2010 |
I ditto the suggestion to discuss this situation with an employment lawyer with expertise on USERRA issues. A returning veteran isn't necessarily fire-proof, but certainly one must take particular care that the "i"s are dotted and the "t"s crossed in terms of documenting the performance & behavior issues.
I'd be curious to know how this employee's performance was before he went on active military duty. If he was acting the same way, then clearly his supervisor did a crappy job of managing him, and it's coming to bite the company on the rear. If you were to fire the vet at this point it may be tough to justify why the performance tolerated before his military service can no longer be tolerated after his military service. If he was a good performer before his leave, then you may have additional reason to tread lightly. Certainly you don't want to get into this with the employee, but perhaps there's PTSD or something similar going on. |
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just cause for letting a veteran go
posted at 9/11/2009 6:15 AM EDT
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Posts: 155
First: 8/24/2009 Last: 2/9/2010 |
To cynbrandt's point it is very possible that PTSD is a factor here. As a veteran myself (and the father of a recent Iraq veteran)I struggle with the advice I am about to give but: do not raise the issue of PTSD to this veteran. Simply focus on performance. |
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just cause for letting a veteran go
posted at 9/11/2009 7:00 AM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
Don, please pass along my thanks and hugs to your son/daughter. I strongly believe that there has not been another terrorist attack on American soil because of our military presence in the Middle East -- both in Iraq and Afghanistan. And I am very very thankful for those that choose to serve our country.
Ruth |
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just cause for letting a veteran go
posted at 9/11/2009 7:04 AM EDT
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Posts: 155
First: 8/24/2009 Last: 2/9/2010 |
Will do Ruth. He is currently a Sergeant at Fort Huachuca Arizona teaching military intelligence officers how to do their job at an advanced level. And was just surprised by the Army with a new challenge, he goes on Recruiting Duty in February. Like father like son as that is where I got my start. |
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just cause for letting a veteran go
posted at 10/20/2009 5:46 AM EDT
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Posts: 2
First: 6/17/2008 Last: 10/20/2009 |
First, a big blessing on your head for trying to do the right thing by taking care of the employee. I agree, consult legal to ensure you have given him every opportunity to make choices about his performance, with or without accommodation. My other encouragement would be to have the discussion about success in your organization as being two things. WHAT he does and HOW he does it. It sounds like his "attitude" is being displayed as ineffective behavior. I recommend www.quick2coach.com. It's a behavior description software tool that creates MEASURABLE performance expectations for ineffective behaviors. It provides the professional language and documentation to clearly articulate WHAT he must do and HOW he must behave in order to be successful in your organization. Have the conversation(s) be clear about the expectations and hold him account-able to make choices concerning his success. |
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just cause for letting a veteran go
posted at 10/20/2009 2:31 PM EDT
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Posts: 1
First: 10/20/2009 Last: 10/20/2009 |
Being a military veteran and a HR Processional and a Recruiter it would seem that you have a problem with a person who should be let go in all circumstances. If the person is counseled properly on his attitude and job performance there is not court in the US that will not back you up. The point is to make sure that everything is documented and the truth. This individual may be protected for one year but even the government would understand and pretty sure would back you up if he were let go under these circumstances. |
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