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Insubordinate Employees in the Work Environment

Have you dealt with the employee who knows how to do everything? Can you not teach that old dog a new trick, like listening to the person who signs the checks? We believe the work environment can teach us a lot about how we deal with these situations. In the pressurized environment of a workplace, we cannot be a disciplinarian all the time. We need our employees to listen and respond, without the entitlement attitude or indifference.

Many human resource personnel and small business owners know they can turn around insubordination if they handle it correctly. If an employee acts insubordinate consistently, then reprimands can solve the problem. Of course, not all employees turn around their attitude.

Management can handle Insubordination or disobedience by giving a written warning, docking pay, removing vacation time, or simply talking with the employee. The employee may see these actions as a warning sign of worse things to come, and rightfully so

Help for business owners and HR managers

Startling facts about terminating employees...
Terminating Jailed Employees

A phone call that would turn off any employer is one telling you your employee has landed in jail. No matter what the reason, an employer will find themselves in a bind when dealing with jailed employees. Most state laws prevent you from firing a jailed employee simply because they are behind bars. These laws claim this is discrimination. They protect the employee’s rights to do what they want after work hours. As long as your employees have good work habits and show up on time, you cannot fire them for being in jail as this is discrimination against their crime.

So, unfortunately as an employer the only immediate action you can effectively take is to find someone to replace your jailed employee temporarily. Your employee may get a quick release from jail. If their crime does not

interfere with their work ability and they return a timely fashion, then the problem will resolve itself. Of course, any jail time should be unpaid and you should take it out of their leave time.

If Terminating Jailed Employees is the Only Answer

But what happens if this is not the case? If the employee is in jail for an extended time, it is going to be a problem for your business. Also their crime might interfere with their work responsibilities. For example, the reason for their jail time is child molestation and they are a teacher. In such cases, terminating jailed employees is necessary.

Here is where terminating jailed employees becomes sensitive and you must proceed carefully. First consider if the jailed employee is under contract or part of a union. This makes the issue a bit more difficult as you must review your contracts. If you are unsure of the contractual guidelines on missed days or termination, you should consult the company’s legal expert on work related termination laws.

Before you decide to fire any jailed employee, you should keep a log of events that take place following the incarceration. Log in the number of hours they miss work, and any training sessions they miss. Also you should record when they began exceeding their allowable leave days. If you can, document the effect their absence or their reasons for being in jail is having on your business. You should collect as much evidence as you can. Build the case that you are not firing them because they were jailed but because of the effects of their jail time. This is the best way to avoid legal battles if you eventually must fire them.

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