Is she trying to get fired?

[Anonymous]

OK, I think one of my staff is trying to get fired. I know she doesn't like the direction the company is headed (which I was brought in to shift), and she and our CEO have a very antagonistic relationship. CEO has been trying to get me to fire her for a while.

Is there any reason she would WANT to get fired? Am I being set up for a lawsuit if I do fire her (I may be forced to at this rate.)? Any insights from others BTDT or who do employment law?

Thanks.

[Anonymous]

Discuss it with HR, that's what they're there for.

[Anonymous]

Tell her that her insubordination is leading towards her getting fired for cause which will prevent her from getting unemployment and ask if that's the direction she's aiming for. If she says it's not, ask if she just needs to vent, and then after airing her grievances, get with the program.

[Anonymous]

Document a performance issue.
Put her on a performance improvement plan.
Document.
Document.
Document.

Then terminate.

[Anonymous]

it is a sad country when the attorneys have held employers hostage with the ability to freely terminate an at will employee.

[Anonymous]

I'm missing something.

What makes you think that she wants to get fired?

And what do u mean when you say that she and the CEO have an "antagonistic" relationship? Like, does she talk back in front of people? Yell?

[Anonymous]

Any reason she would WANT to get fired?

It could just be analagous to some people's behavior at the end of a bad relationship--wanting out but not able to admit it.

[Anonymous]

Anonymous wrote:it is a sad country when the attorneys have held employers hostage with the ability to freely terminate an at will employee.

I know, those Negroes sure are getting uppity these days.

[Anonymous]

OP here - her performance is so poor and so passive aggressive, there is no way she thinks she's living up to expectations. Our CEO is demanding, yes, but everyone knows folks have been getting fired and this employee seems to be trying to get on her bad side. At the very least is doing nothing to avoid it while everyone else is running scared. So she's a fool if she doesn't think it's coming, but as her direct line manager I'm afraid any ramifications will come down on me. I know this employee is potentially litigious - she's a former defense counsel and argues routinely over things like how we define PTO, etc. Picks teeny little procedural battles for no apparent reason. And used a LOT of FMLA this year.

That's the context. So I guess my more specific concerns are - if she gets litigious, could it possibly be against me as opposed to the company? Also, could my CEO be trying to make this look like my decision for any reason I'm not seeing?

[Anonymous]

Anonymous wrote:OP here - her performance is so poor and so passive aggressive, there is no way she thinks she's living up to expectations. Our CEO is demanding, yes, but everyone knows folks have been getting fired and this employee seems to be trying to get on her bad side. At the very least is doing nothing to avoid it while everyone else is running scared. So she's a fool if she doesn't think it's coming, but as her direct line manager I'm afraid any ramifications will come down on me. I know this employee is potentially litigious - she's a former defense counsel and argues routinely over things like how we define PTO, etc. Picks teeny little procedural battles for no apparent reason. And used a LOT of FMLA this year.

That's the context. So I guess my more specific concerns are - if she gets litigious, could it possibly be against me as opposed to the company? Also, could my CEO be trying to make this look like my decision for any reason I'm not seeing?

WHOA WHOA WHOA
You had me until FMLA came up. You CANNOT retaliate against someone for taking FMLA, it is illegal. It was approved by your HR department and by her supervisors, for certain. Why do you think you can hang her for having family issues to deal with? Of course she can sue you personally. That's why you have professional liability insurance. Don't you? If not, get some.

[Anonymous]

Op, what is wrong with taking fmla leave?

[Anonymous]

I am not a lawyer, but I'd hand this off to Hr.

"Tom, we've been having performance issues with mrs twatwaffle for some time..."

Why do you have to be the one to fire her?

[Anonymous]

I don't think OP meant there was anything wrong with taking FMLA in general, just worried about firing the person in question for other reasons the same year she too lots of it.

[Anonymous]

Well, your company would probably fire her and call it a "lay off" and not challenge her on collecting unemployment.

[Anonymous]

There are many labor and employment laws the breaking of which can impart personal liability on managers involved. FMLA is one of them.