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

Chili Palmer

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He’s burned that bridge. He’s already tipped his hand what he wants to do. Don’t give in, you gave him a 3 day severance pay. He’s done with your company. Lock the door and don’t let him back in.
 

rrrr

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.Plus what kind of precedent does it send to the rest of the crews?

Thoughts?

He knows all of your other crew members, and you can bet your ass everything you and him have done with regards to his firing are known to every one of them.

Leave it alone. He has done you a favor by leaving, and your authority over the remaining workers has been reinforced.
 
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One2go

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At this point you really need to erase the last sentence of your first paragraph.
At this point you really need to erase the last sentence of your first paragraph.
You should be very careful,if you did "comp him for back injuries "and he has proof that he went to doctor for said injuries, any half ass injury lawyer will go after your WC.By law any injuries you must report within 24 hours I believe. Ive had several employees try comp cases over the years. Doesnt take much proof of negligence to find in there favor. Believe me I hate it as much as anyone!!!. It's way of the world. Just my 2 cents.
 

traquer

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If someone puts me in a bad mood for more than one day, they're gone. Not worth the mental energy. And certainly not worth the lawsuit.

Risk vs reward. Very little reward here.
 

LHC Kirby

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You should be very careful,if you did "comp him for back injuries "and he has proof that he went to doctor for said injuries, any half ass injury lawyer will go after your WC.By law any injuries you must report within 24 hours I believe. Ive had several employees try comp cases over the years. Doesnt take much proof of negligence to find in there favor. Believe me I hate it as much as anyone!!!. It's way of the world. Just my 2 cents.

All the other advice is solid, but missing this ☝️
 

Xtrmwakeboarder

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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?

Block his number and for the love of God, don’t conduct business over text message. You’re smarter than that.

Him saying he hurt his back and saying he will file a WC claim and then you firing him in response doesn’t look good imo. Texts can be twisted.
 

ChumpChange

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That was one of those posts where I threw it in there and then walked away from the computer for a few hours. Come back and see a bunch of “like” notifications in this thread and for the life of me couldn’t remember what I even typed. lol
 

wzuber

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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?
Agreed with you....AMF dude, have a nice christmas w/no $$$.
 

Carlson-jet

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Not reading all replies but have first hand experience. He will indeed win his case of a back injury if it is provable. Part of doing business. No need for you to communicate with him as it just adds to the expense.
Some employees just suck at the end.
 

Desert Whaler

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I think you were VERY generous how you handled it, which tells me you are good person with a big heart. I have a friend who sounds very similar to you with a family restaurant business with several locations. It's amazing how some of these employees act, and what they arre willing to do to the people who employee them. It got to the point of him having to show me letters from lawyers etc. because I was thinking he was making it all up. Ungrateful is an understatement. You gave him an opportunity, you were very lenient, and he took advantage of that . . . cut the chord. You 100% did the right thing I really respect that . . . you shouldn't have to bare the burden of someone elses shortcomings. Don't lose a minute of sleep over it.
 

KMH

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Save all the text he sent, you need them at a later date.
 

dave29

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You should have fired him years ago!!! I think he's got a good case for an ambulance chaser. He doesn't show up for 3 days and you didn't fire him. He doesn't show up for a week and you don't fire him. You had no progressive discipline , no written warnings. What you really need is to establish rules in writing for your emp;oyees and follow up on those rules!
 

Water Romper

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Document the issues you have had with him while still fresh, include dates and HIS statements. He can get an attorney for free and they will throw everything against the wall just to see what sticks but if you show history including job abonnement (not showing up, not calling in) that's a big plus for you. HOWEVER... if he has a history and nothing was done, ie: disciplinary action including write ups etc, he can file a claim but it wont amount to much. The bigger issue is he sounds toxic, is he disrupting the harmony of work environment? Your message to the other employees will be you wont tolerate poor performance and job attitude is everything. In my book, you did the right thing, stick by your guns, keep the rest of the rest/team happy but remind them this is a business and YOU are in charge. You start letting the inmates run the asylum, your screwed.
 

HB2Havasu

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It’s kinda like a divorce. Once you jump the shark it’s over. It sucks for him but it was his choice to leave! He did you a huge favor!!! Lots of hard working folks with good work ethics would love to have a job in today’s economy!
 

JDKRXW

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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."
Thoughts?

A little off topic but.....your crew (team) is only as strong as its weakest link. Even though this guy works hard when he shows up (scores a goal or two throughout the season) - it's the guys on the crew (team) you count on every day that get you into the playoffs.

In the long run - you're better of with someone you can count on - and this guy sounds like a weak link.
 

badgas

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As a dog returns to it's vomit so does a fool to his folly.

NOOOO !!

Block the number and move on, let your other employees see that you won't have a toxic work environment.
 

colenighthawk

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There's another Jose out there that does a better job then the last guy, Fuck him......he made his bed, now let him sleep in it.
 

was thatguy

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Quick question...if he can’t prove ID for unemployment, how did he prove his ID to you?
 

BONER

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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?

I think you did the right thing, all the way around. Re read your last paragraph before you hire this guy back.
 

AJ Hoffman

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Let him back to work, an he will “hurt” him self an take u to the cleaners just like he said. Must have very little sense of smell, u should have smelled that pile of shit 2 or 3 “injuries” ago or maybe on his second “faltas Lunas”
 

PaPaG

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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?
Fuck Him...anyone threatens to sue their company for bullshit and out of revenge does not deserve to come back to work...I say good riddance. If you let him come back I bet he pulls the same hit over again but this time with even more calculated efforts to screw you.
 

Mandelon

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Quick question...if he can’t prove ID for unemployment, how did he prove his ID to you?


Driver's license, work permit, social security card. He's no mojado. I won't hire frescos.

Applying for unemployment has become quite difficult. They realize they spent tens of millions of false claims and are now being overly strict. I feel bad for the guy, but no way will I take him back.
 
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