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I let a guy go now he is begging for job back

Mandelon

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Good worker, but not great attitude. He had been with us a long time. Poor attendance record. His nickname is "Falta Lunes." That means missing mondays. He's just an hourly laborer but works hard. No vehicle, takes the trolley and another guy picks him up. History of back injuries. I had paid him a couple days off and comped his doctor visit rather than making a workers comp claim a few times over the years.

We had a disagreement on Friday. The next week he doesn't show up. No texts, no calls. On Friday he didn't tell his co worker that anything had happened.

The next week he shows up and works a couple days then over texts, he demands I pay him for three days for the previous week. He says he hurt his back. I politely declined. He said he'd go to workers comp and file. He thinks this scares me. So I text him back that he's fired. He says to get ready cuz he will sue me. Sure ya will.

Then I get to thinking, that might look kinda bad... So in his last check I pay for the three days, and I include all the info he needs to file a claim. I let him know he can file for unemployment and I won't dispute it. I figure that's pretty nice of me.

So karma bites him in the ass, he can't get unemployment due to some issue proving who he is. So he has to file for an investigation. In the meantime no money.

Now he is texting me regularly asking for his job back, tells me how hard he will work, etc. I haven't replied. He just called and I didn't answer.

I'm thinking... Naw man. You threatened to sue me. I'm sorry his Christmas is fucked up but it is unreasonable to expect me to take him back. Plus what kind of precedent does it send to the rest of the crews? And maybe he is just setting me up to sue the business.

Thoughts?
 

Duramax

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Good worker, but not great attitude. He had been with us a long time. Poor attendance record. His nickname is "Falta Lunes." That means missing mondays. He's just an hourly laborer but works hard. No vehicle, takes the trolley and another guy picks him up. History of back injuries. I had paid him a couple days off and comped his doctor visit rather than making a workers comp claim a few times over the years.

We had a disagreement on Friday. The next week he doesn't show up. No texts, no calls. On Friday he didn't tell his co worker that anything had happened.

The next week he shows up and works a couple days then over texts, he demands I pay him for three days for the previous week. He says he hurt his back. I politely declined. He said he'd go to workers comp and file. He thinks this scares me. So I text him back that he's fired. He says to get ready cuz he will sue me. Sure ya will.

Then I get to thinking, that might look kinda bad... So in his last check I pay for the three days, and I include all the info he needs to file a claim. I let him know he can file for unemployment and I won't dispute it. I figure that's pretty nice of me.

So karma bites him in the ass, he can't get unemployment due to some issue proving who he is. So he has to file for an investigation. In the meantime no money.

Now he is texting me regularly asking for his job back, tells me how hard he will work, etc. I haven't replied. He just called and I didn't answer.

I'm thinking... Naw man. You threatened to sue me. I'm sorry his Christmas is fucked up but it is unreasonable to expect me to take him back. Plus what kind of precedent does it send to the rest of the crews? And maybe he is just setting me up to sue the business.

Thoughts?
You did the right thing. He was an asshole, I guess the only question is if that makes you tight on help? But, like you said, what kind of an example will it send?
 

Devious_Chris

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You are best to do what you are already doing and not respond. You took the high road and paid him 3 days you weren’t obligated to pay and also stated you would not fight the unemployment claim.


Sent from my iPhone using Tapatalk Pro
 

JUSTWANNARACE

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GO DARK! You have made your decision, stick with it. Dont respond to his text or calls. Once he tried to strong arm you it was time to cut ties. You did the right thing IMO, so many people/employees think they are entitled to more than what they really are. Once they push that entitlement to their employer it's time for a lesson.

"DONT BITE THE HAND THAT FEEDS YOU!"
 

77charger

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Once a problem always a problem.We had guys like that my boss kept them for a while cause its hard to replace but once slowed down they got let go or if they mouth off they got fired too.
 

Ace in the Hole

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Nope and Nope he made his bed. I had a "friend" from college who was a PM for me who pulled that shit...went so far as finding out the contact info for a board of directors member and trying to go over my head (I was the COO, decent sided company, subsidiary of a large real estate firm), that went badly for him.

He threatened WC, lawsuits, and UIC. I won the UIC case easily, he tried WC next...thank god he was on film. Never heard from him again...prick.
 

HALLETT BOY

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DO NOT respond to him , be glad you’re done with him . He will not change , only figure a way to screw you and get even . I’ve had hundreds of employees over the years .
 

petie6464

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Best policy I've have for over thirty years; Once an employee does something that caused him/her to be fired that person will NEVER come back.

Employees are expendable, harsh but true.
 

BajaMike

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People don’t change. An unreliable worker is worthless. Keep him fired and block his texts and phone calls. I know from experience your company does great work. He doesn’t deserve you.
 

H20 Toie

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I made the mistake of firing a good friend of mine ONCE ,
Well he didn't show up to work for a week, no call no nothing. figured since we were friends it would be ok.
When he did show up i handed him his check and said see you later. we are still friends and he has asked a couple of times about getting his job back.
When you let someone go for a reason you are just asking for problems if you hire him back. not to mention what it shows other employees
 

500bbc

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Good worker, but not great attitude. He had been with us a long time. Poor attendance record. His nickname is "Falta Lunes." That means missing mondays. He's just an hourly laborer but works hard. No vehicle, takes the trolley and another guy picks him up. History of back injuries. I had paid him a couple days off and comped his doctor visit rather than making a workers comp claim a few times over the years.

We had a disagreement on Friday. The next week he doesn't show up. No texts, no calls. On Friday he didn't tell his co worker that anything had happened.

The next week he shows up and works a couple days then over texts, he demands I pay him for three days for the previous week. He says he hurt his back. I politely declined. He said he'd go to workers comp and file. He thinks this scares me. So I text him back that he's fired. He says to get ready cuz he will sue me. Sure ya will.

Then I get to thinking, that might look kinda bad... So in his last check I pay for the three days, and I include all the info he needs to file a claim. I let him know he can file for unemployment and I won't dispute it. I figure that's pretty nice of me.

So karma bites him in the ass, he can't get unemployment due to some issue proving who he is. So he has to file for an investigation. In the meantime no money.

Now he is texting me regularly asking for his job back, tells me how hard he will work, etc. I haven't replied. He just called and I didn't answer.

I'm thinking... Naw man. You threatened to sue me. I'm sorry his Christmas is fucked up but it is unreasonable to expect me to take him back. Plus what kind of precedent does it send to the rest of the crews? And maybe he is just setting me up to sue the business.

Thoughts?
He was sitting home watching the TV commercials for suing your boss on Telemundo...
 

OLDRAAT

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He's already demonstrated a continual pattern of not being reliable and injury prone. He will work good for probably a week then back to SOP. Just maintain documentation if you get a govt visit.
Sad deal, but he's a liability.
Good luck.
 

pkbullet

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He is an hourly worker for a reason, so I wouldn't hold saying something stupid against him. I would make the decision based on his work value, does it out way the lack of reliability. Can you replace him with equal or better? Just because he was emotional doesn't mean you have to be. It just math, what does he produce vs cost. In my experience perfect low wage employees are rare.
 

USMC2010

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GO DARK! You have made your decision, stick with it. Dont respond to his text or calls. Once he tried to strong arm you it was time to cut ties. You did the right thing IMO, so many people/employees think they are entitled to more than what they really are. Once they push that entitlement to their employer it's time for a lesson.

"DONT BITE THE HAND THAT FEEDS YOU!"
This
 

adam909

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i dont care how good of a worker he is, missing days and bad attitude, dudes gotta go.. A worker with a bad attitude is a cancer in the group and before you know it the spread is out of hand.. I hate being mean to people that are supporting a family but some times you have to to teach them a lesson and it also lets the other workers know that you wont tolerate these types of actions.
 

Jimmyv

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Every response here is the same and I agree as well.

Individual seems to have demonstrated a history of this and that won’t change. He’s also shown you his true colors by threatening to sue you. Given the right opportunity he will repeat that again in the future too. Maybe with a solid case next time.

On top of it all, is the rest of your employees. They see everything. As a owner/leader/manager, the bad behaviors you don’t visibly address, you condone. Set the example and don’t risk others following suit.
 

Ziggy

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Like a hotrod. Cut out the rust and weld a new piece in.
.
Had to cut ties with one of my best technicians, not an easy thing to absorb.
 

Flyinbowtie

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Nope, Nope, Nope. Ya fired him for cause, don't let him back on the hook, you will play hell shaking him loose again. Also...sets a bad example for the guys who DO show up, on time, every day, day after day.
 

HOOTER SLED-

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Fuck that turd....he had his chance. Im sure there are plenty of others that will fill his spot and not give you the same problems. I wouldn't feel sorry for.him....you were nice enough to even pay him those 3 days.
 

ltbaney1

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I'm an employee. They have kept me working through this whole mess. I tell them regularly that I'm thankful to be working and I'll do what I can.
Fuck that guy.
im right with you. ive been lucky, have not missed a day or had a pay cut, very thankful for that and my boss knows.
 

C-2

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You gave him the WC DWC claim form, so he can't file a lawsuit for injuries (that's what the WC is for), and we live in an at-will state and he can be fired if you simply don't like him.

Eazy peazy, buh-bye!
 

Flyinbowtie

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And another thing...your guys have a nickname for him that pretty much indicates what they think of the guy.
You know your crew better than anyone.
If they are the right kind of people, ya might think of telling them all something like, when you have them all in one place,

"XXXX has contacted me several times and wants his job back. I feel bad for him, but he has broken some rules that we simply can't tolerate being broken, and he has broken my trust. After thinking hard about it, there are several reasons he won't be coming back, one of them is that I respect you people, who work hard for me, and show up every day and do the work that is on the schedule, and it isn't fair to you to have someone on our crew who isn't doing that, which makes you work harder. I respect you guys too much to do that to you."
 

evantwheeler

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I had to let a fabricator go that had been with the business unit I was managing for over 20 years. Had none of the cons of your example, he was quite, polite, on time, reliable, etc. Only downfall is he needed a partner and constant supervision to make sure things came out right due to the previous owner of the business holding his hand through every day. That's not my style, so my foreman had to fill that role and it kept him from properly doing his duties. Things got real slow and we had shifted our model to more off-site fabrication and it was time for us to part ways. He filed a law suit claiming all kinds of bogus injuries that had happened over the years. The corporation ended up paying him a 6 figure settlement, even though they had just bought the business 8 months prior. I was blown away they didn't tell him to pound sand. Watch yourself, its not the employee you need to be worried about, it's the grimey lawyers that know how to milk the system.
 

JDKRXW

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I had to let a fabricator go that had been with the business unit I was managing for over 20 years. Had none of the cons of your example, he was quite, polite, on time, reliable, etc. Only downfall is he needed a partner and constant supervision to make sure things came out right due to the previous owner of the business holding his hand through every day. That's not my style, so my foreman had to fill that role and it kept him from properly doing his duties. Things got real slow and we had shifted our model to more off-site fabrication and it was time for us to part ways. He filed a law suit claiming all kinds of bogus injuries that had happened over the years. The corporation ended up paying him a 6 figure settlement, even though they had just bought the business 8 months prior. I was blown away they didn't tell him to pound sand. Watch yourself, its not the employee you need to be worried about, it's the grimey lawyers that know how to milk the system.
No offence.. ..but that's far different than what the OP's talking about.
If your previous owner kept the guy around for 20+ yrs doing exactly what you fired him for - i completely understand him being successful in his claim.
 

CoronaChris

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Been there done that. He will continue to walk all over you, end up hurting himself on purpose and really SUE you. Good, honest, on time help is the hardest thing to find. Fuck being the boss, holy shit hallelujah where’s the Advil. Rant over
 

franky

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Good worker, but not great attitude. He had been with us a long time. Poor attendance record. His nickname is "Falta Lunes." That means missing mondays. He's just an hourly laborer but works hard. No vehicle, takes the trolley and another guy picks him up. History of back injuries. I had paid him a couple days off and comped his doctor visit rather than making a workers comp claim a few times over the years.

We had a disagreement on Friday. The next week he doesn't show up. No texts, no calls. On Friday he didn't tell his co worker that anything had happened.

The next week he shows up and works a couple days then over texts, he demands I pay him for three days for the previous week. He says he hurt his back. I politely declined. He said he'd go to workers comp and file. He thinks this scares me. So I text him back that he's fired. He says to get ready cuz he will sue me. Sure ya will.

Then I get to thinking, that might look kinda bad... So in his last check I pay for the three days, and I include all the info he needs to file a claim. I let him know he can file for unemployment and I won't dispute it. I figure that's pretty nice of me.

So karma bites him in the ass, he can't get unemployment due to some issue proving who he is. So he has to file for an investigation. In the meantime no money.

Now he is texting me regularly asking for his job back, tells me how hard he will work, etc. I haven't replied. He just called and I didn't answer.

I'm thinking... Naw man. You threatened to sue me. I'm sorry his Christmas is fucked up but it is unreasonable to expect me to take him back. Plus what kind of precedent does it send to the rest of the crews? And maybe he is just setting me up to sue the business.

Thoughts?
At this point you really need to erase the last sentence of your first paragraph.
 

just_floatin

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You have already gone above and beyond my level of tolerance. I had an employee call me in one late Saturday night to help troubleshoot a high speed printer in a 24/7 production facility. He thought he was being funny in front of the graveyard shift.

Monday morning when I was in the office, I called a meeting during his sleep hours. He shows up and I inform him I will not need his services for the next two weeks...No pay. Furthermore he can call me in two weeks to the day for an update on his employment. Word in the shop was I fired him, which curbed call outs and tardiness for a few weeks. 🤔

Two weeks later the same shit over the phone, very apologetic and needs his job back. I was going to fire him, however, when a 30 year old man states, his father kicked his ass for fucking with the boss. I just laughed and said “it is good that you listen to your father, he sounds like a wise man”. Anyway I went with my gut and kept him on staff. Never had another incident with this employee. Fast forward 20 years later, he is now a supervisor and in my LinkedIn network. Life lesson learned. Some employees deserve a second chance and some don’t. You made the correct decision.
 
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