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Jan 9, 2019 at 8:16 comment added MichaelK @AC As I wrote in my answer: there are several warning signals going off here. If an employee under-performs, that in itself is reason to start looking closer and not just shrug one's shoulders and assume "Meh... they are probably just a crap worker".
Jan 9, 2019 at 8:14 comment added MichaelK @Nelson "A company can only do so much". Asking twice, going to WP SE, and then doing owt, is not even close to exhausting what a company can do. A court would find that effort woefully inadequate.
Jan 9, 2019 at 7:15 comment added A C Is there some reason why everyone is assuming the employee is being bullied? Maybe it's in a comment I didn't see, but AFAICT the OP never intimated that there was any reason to suspect harassment.
Jan 9, 2019 at 2:58 comment added Nelson @TheAnathema It's not an excuse to use his poor performance to fire him. A company can only do so much. Should the manager force the employee to see a psychologist? At what point would you admit that the manager's hands are tied if the employee refuses to communicate his needs? He just sits in the common room and does not work.
Jan 8, 2019 at 18:07 comment added The Anathema @Nelson Avoiding liability for one issue by seeking out alternative reasons to fire someone can be legal, but that's generally considered evil and disingenuous. If their performance is a problem, then follow the procedure for that problem. Don't dismiss someone because you didn't like something about them, and then exclaim it's for a separate reason, if that reason never boldly presented itself. Especially if you have typical remedies for performance like performance improvement plans, review, or other procedures. Then it'll be immediately apparent that this is an excuse to avoid liability.
Jan 8, 2019 at 9:15 comment added MichaelK @Tombo If you click on the answerer's username you will see the reason why.
Jan 8, 2019 at 4:20 comment added Tombo Why were many of the comments deleted? Did someone not like them and decided to Stalinize them? Data loss? Not very motivational from a user's standpoint.
Jan 8, 2019 at 1:19 comment added Mazura You fire them [yesterday]. now ... it's a mess. The court will ask: What did you know and when did you know it.
Jan 7, 2019 at 15:25 comment added MichaelK @Nelson No, if there is harassment going on then the employer will step in to STOP that! Harassment is unacceptable in any workplace, and it is the harassers that shall moderate their behaviour, not the victim. This is blatantly obvious and should not need to be pointed out! Also saying "there is no solution until they speak up" is false. You can observe and watch the working environment; what the mood is, you can offer the employee to speak with someone else; someone they feel comfortable with, you can start looking into internal communications. There are lots you can do.
Jan 7, 2019 at 14:49 comment added Rich I think straight up firing the individual is way too drastic of a response to the situation, but I would definitely suggest to them that disciplinary action is a possibility due to their under-performance.
Jan 7, 2019 at 4:33 comment added Nelson @MichaelK They're only liable if the employee actually responds to inquiry about the issue. This particular individual is refusing to cite reasons why he is in the common area. At some point you can fire them for performance issue if he never raises any harassment concerns.
S Jan 7, 2019 at 1:55 history suggested Azor Ahai -him- CC BY-SA 4.0
pronouns should at least match the question
Jan 6, 2019 at 23:02 comment added MichaelK Bad advice, DO NOT FOLLOW!!!. I am sorry but this advice could land the employer in very hot water. If the employee's behaviour is due to harassment, bullying or a hostile work environment in any way, the employer is opening themselves up to a lawsuit if they just fire the employee. Federal US law requires employers to act on such things.
Jan 6, 2019 at 20:35 review Suggested edits
S Jan 7, 2019 at 1:55
Jan 6, 2019 at 10:44 history answered TomTom CC BY-SA 4.0