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Employee removed her own files from my office.
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Employee removed her own files from my office.
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It isn't as simple as the subject line might imply. This employee, while in my office, caught sight of my printouts of her own personal email. When complaints or observations about breaking the rule
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Employee removed her own files from my office.

posted at 7/12/2011 9:09 AM EDT
Posts: 544
First: 9/27/2004
Last: 9/13/2011
that's not the kind of emergency I meant.

Employee removed her own files from my office.

posted at 7/12/2011 9:11 AM EDT
Posts: 2146
First: 2/15/2006
Last: 9/14/2011
It sounds like no matter what the rule you make for her, she is going to look for a way around it.

I'd move her right on out the door, because at this point, you KNOW she stole documents that were about her and not hers. There is no way you can trust her in the future. I would NOT give her another chance.

Employee removed her own files from my office.

posted at 7/15/2011 10:16 AM EDT
Posts: 6
First: 7/10/2011
Last: 7/21/2011
Interestingly, I had to approach this with a bit more caution. Even though in this state, an employer does not need a cause to let an employee go, there are other concerns. This came up, as this employee went to another and told her that she was being held to a "double-standard" that others are not held to. It is not so, but I feel she was "testing" her position, and also testing to see if it would make it back to me - which it eventually did. In addition to her double-standard statement, she also said she feels she is working in a hostile environment. I had to have a meeting with her, confront her with the evidence (which I downloaded, this time, from the anti-spam device as she purged her "Outlook" records). The rule I adhere to is that I have to see the abuse with my own eyes before I will research email - knowing that I am looking for PERSONAL email that exceeds any conservative allowance for necessary communications. We went over the fact that she has appropriate means by which to lodge complaints that can go around me, if necessary, and that she both is, and has been made aware of the policies and rules she broke. You see, we had to curtail her use of her personal cell/smart phone. She was texting so much, even visitors to the office noticed and made comment. This employee does a lot of work, and is very good at it, but she is a timeclock employee. That is to say, she steps in at just after the time she should be in her seat and starting work, and closes up her desk/pc just before closing. She puts no effort into making up work that was put aside for whatever it was she found important enough to spend so much time on her cell phone with. At that point, she was taking care of her personal communications via our business phone, and again, I had to have a meeting with her. This person could be the best employee at her particular job that we've had doing it, if only she would conform to the rules. We are not harsh here. I carry out the wishes of the owners, and they are perfectly understanding that there is personal business that must be taken care of during business hours. For instance, when one must schedule an appointment with a specialist doctor. Most of them are only open during business hours. Also, when one must speak with a child's teacher, principal or school. These and other instances of necessary personal communication are not just tolerated but very much understood and allowed. The general rule is that one should leave one's desk, (they need to give their supervisor a heads-up) take care of what they must, but when they are at their desk they are expected to be doing company work.

Until this last meeting, we never did company evaluation type meetings with written reports. Because of the veiled threatening comments made, I had to put this in writing, and get a signature and her comments. I also let her know that I have a folder of very specific evidence which will remain confidential and ultimately removed from my file if there is a marked improvement in three months, and a total compliance to the spirit of the rules within six months.

There are other concerns - as we have pared down our employee base, and there just is not another employee who can step in to fill her shoes. Everyone is pulling their share of the load. My feeling is that if there is improvement in 3 months and a turn around in six, it was worth keeping her. The company key has been taken from her, and she is no longer allowed access into my office unless she knocks and I am present. It is a pity, but a level of trust has been broken, and will not be the same. I'm sure that the inevitable will have to happen, but it will be at the timing that is right for the company.

Now I have another question. I was once a full charge bookkeeper, and involved in payroll at another company, years ago. We had allowed small company loans and pay advances. If someone left the company, we reported the amount as pay advances vs. vacation to the unemployement offices. The effect of this was that the employee could not be paid for the time that the company had already paid them. It did absolutely nothing to recover money for the company, but seemed to give some kind of twisted satisfaction to the owners.
I think that letting employees with loans know - in advance - that this can and will be done unless the employee signs a note and repayment agreement, might convince them to do just that - make a reasonable repayment agreement. (The owners here would take $10/week if the employee were on unemployement, and be happy that the ex-employee was making a commitment and an effort to repay. They might also be happier to re-hire employees who make this effort and were let go due to lack of work.)

Does this sound legal? Is it reasonable?

Thank you, again.

Employee removed her own files from my office.

posted at 7/15/2011 10:36 AM EDT
Posts: 2442
First: 2/12/2000
Last: 9/14/2011
".....we reported the amount as pay advances vs. vacation to the unemployement offices."

Not sure I understand the meaning of this.

However what I do know is that if you do not have a signed note you cannot make any adjustment against the employee's paycheck.

If the loan goes unpaid what you can and must do is add the pay advance to their total income for the year the loan occurred. It is the same as a forgiven loan.

Employee removed her own files from my office.

posted at 7/15/2011 10:39 AM EDT
Posts: 2442
First: 2/12/2000
Last: 9/14/2011
..and there just is not another employee who can step in to fill her shoes..."

This is very dangerous thinking. No one is that valuable and what will do if she quits anyway? Make your replacement plans, pick your own timetable and then pull the trigger.

You know this is what needs to be done.

Employee removed her own files from my office.

posted at 7/15/2011 10:53 AM EDT
Posts: 1771
First: 10/24/2002
Last: 9/14/2011
I agree. Your disciplinary actions are consistent with someone who doesn't do enough work. The real problem with this person isn't slacking, it's theft, and theives should be dismissed.

Employee removed her own files from my office.

posted at 7/15/2011 10:55 AM EDT
Posts: 1103
First: 3/16/2007
Last: 8/19/2011
I see that this employee is in charge of the situation. You need to take control. I personally, even with what you share, would have no problem pulling the trigger here. Let her sue if she thinks she is being discriminated against.

Also, as far as the "purging" goes. A good IT person can recover all of that.

Employee removed her own files from my office.

posted at 7/15/2011 11:21 AM EDT
Posts: 2442
First: 2/12/2000
Last: 9/14/2011
Assuming your company is like most, there is daily backup off all work done in your network. As HRPro stated this can be restored by your offsite service provider.

Employee removed her own files from my office.

posted at 7/18/2011 6:33 AM EDT
Posts: 544
First: 9/27/2004
Last: 9/13/2011
It sounds like it's already too late to do what needed to be done by making a compromise and taking away her key.

What kind of message are you sending the rest of the staff who you say are "pulling their weight"?

Employee removed her own files from my office.

posted at 7/21/2011 7:58 AM EDT
Posts: 6
First: 7/10/2011
Last: 7/21/2011
I agree with all you have had to say. This is a compromise. This firm is involved in new, public works construction. There are no pending projects, though we have two new ones, these are two-year projects. The upcoming bids will be swamped with competition by many firms who may not have the capability to do these projects correctly, but times like these have happened before. The lowest bidder will win, and if they sink instead of swim, it is of no help to us. City, State and Federal projects have gone this cycle before. So, I do not want to be looking for someone new at this time; I've already let several employees go. None know the work that this particular person performs. The timing is awful for the COMPANY, but will resolve. When it does, I already have a part-time employee with a fine work initiative and dedication to the company. I have moved this person up, and am training her. In a very short time, I will have enough resources in place so I will not have to worry about replacing my assistant, I'll have someone in place already. This does two positive things for the company. It will safeguard the person I am teaching from being laid off first and it will put the person most supportive of the company into a position where she can best be of use. To do this, I need time - the one thing I cannot get more of without such a plan. If I let this person go, legal suit or not, I will be the only person who can take care of her workload until someone else is trained. This particular situation would not, under normal business circumstances, exist. With the slow-down in public spending, we are looking to branch out into other associated areas, as well. We need someone who can handle some of this work in order to continue keeping everyone at their regular hours and not cutting personnel. I can cut this person, but it will create a different problem for the company. The timing for letting someone go, likely, is never good. In this case it is counter-productive to the company - but I can and am - working around it to get to the place where I can move on it. My assistant has changed her "face", but I'm aware it is just appearances. All of this will lend to the action of letting her go when it is best for the company.
One more thing, yes, I can have a third party retrieve the records from the saved tapes. It will cost quite a lot of money, more than we are willing to spend - but I am keeping the tapes.

Lin
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