A tricky situation

About a year ago, our company became one of the "Lending Tree Local Lenders" in the Kansas City area. Ever since then the business has grown astonomically down there and lead to an opening of a retail lending shop up here in Milwaukee which is now also a "Lending Tree Local Lender." As a result, we hired 3 Loan officers, 1 manager and a processor in our new office here in WI. The processor basically does all the grunt work for the loan officers so that the loan officers can handle the customers and sell. Well, the processor has a tendency to call in on a regular basis with a myriad of excuses.<br /><br />Last week her husband fell off a ladder.<br /><br />The previous month there was everything from taking care of things for her wedding to a migrane. All in all, she has missed over 30% of the working days since she started.<br /><br />The manager who I have a pretty good working relationship confided with me that he is at the end of his rope with her and is ready to can her. <br /><br />Exept now there is a problem. She called in this morning and all of a sudden she is pregnant and has morning sickness!<br /><br />Now the manager is in a sticky situation. Prior to when he found out she was pregnant, he had reasonable grounds to fire her. But now, it looks like he is firing her because she is pregnant.<br /><br />What are your thoughts?<br /><br />Sean

Re: A tricky situation

As long as everything is well documented, you would probably be OK.<br /><br />Was she ever disiplined for the missed days?<br /><br />Otherwise, you dont have a leg to stand on.<br /><br />Ken

Re: A tricky situation

Yup, what KIZ says. Need evidence of "progressive discipline" IMHO. Still could get screwed no matter how well it is documented.

Re: A tricky situation

It's quite possible all the time off before had something to do with being pregnant,could be bad for him if he cans her and is found out the being pregnant was the cause of time off before.Wouldn't want to be in his shoes.How is her performance at work when she's there? Is she an asset? Lots of stress in her job?

Re: A tricky situation

She never was a processor in a retail environment. The job is 100% new to her - and she has been provide with a LOT of leniency even after constant screw-ups.<br /><br />Sean

Re: A tricky situation

but the question is......Is there documentation to clearly PROVE that she has not been at work, not performing her job functions, etc. Has she been talked to, letters in her file, etc backing up what you're saying.<br /><br />If not, there's not much that can be done because she's in a proteced class. <br /><br />Also, don't know about your state laws, etc.

Re: A tricky situation

Do you have a written absenteeism policy? Has she been interviewed and warned about excess absenteeism?<br /><br />If not, start immediately and document everything. Your policy should list the sequence of events leading to a request for resignation or termination.<br /><br />Then ZAP her.

Re: A tricky situation

She may be legitimately sick or with valid reasons for being away. Not everyones work ethics are the same and where do you draw the line?<br />To effectively remove someone without worrying about recourse progressive discipline is the way to go. <br /><br />Verbal warning (in writing)<br />Written warning (in writing too)<br />Suspension (with written reprimand)<br />Fired.<br /><br />Document everything and she won't have a leg to stand on. If this sounds like too lengthy of process there are other ways.<br /><br />* Lay off due to lack of work.<br /><br />* Your company has decided to trim back and that position is being eliminated.<br /><br />* Restructure. Eliminate the position and replace it with a new one that has different qualifications but in essence still has the same duties.

Re: A tricky situation

Your not the father are you......Well what's so tricky about it?

Re: A tricky situation

I think that you are stuck with her for awhile....JK

Re: A tricky situation

Originally posted by magster65:<br /> <br />Verbal warning (in writing)<br />

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Isn't that what you call an oxy-moron?<br />Like civil war and sanitary sewer?

Re: A tricky situation

verbal warning, but you put a written note in her file....That's what we do here and I suppose's that's what he meant.

Re: A tricky situation

Don't know about Wisconsin, but Ohio is an "at-will" state. You can be fired for any or no reason at all. Of course that does not automatically absolve the company of paying any unemployment. To avoid the unemployment hassles, you have to prove the employee did (or failed)to do something worthy of dismissal. And that pretty much boils down to you caught them stealing or their failure to show up for work. Everything has to be documented.

Re: A tricky situation

Well, the writing is on the wall.. They have been documenting the absenses pretty well and I think she is not long for this company. Pregnancy or not. Yeah, it sucks, but missing over 30% of the first three months on the job?<br /><br />Doesn't fly in this industry.<br /><br />Sean

Re: A tricky situation

You're right! You would have to be a state employee to get away with that! ....JK

Re: A tricky situation

Is she an employee or payed solely on commission like the LO? If so, see ya. If not, I would recommend contacting an attorney and sincerely hope that all of her absences have been documented so that your company has a leg to stand on.

Re: A tricky situation

Originally posted by Dave Abrahamson:<br />

Originally posted by magster65:<br /> <br />Verbal warning (in writing)<br />

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Isn't that what you call an oxy-moron?<br />Like civil war and sanitary sewer?

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hehe... true <br />Like I said though, everything has to be documented or your company could face having to pay out a hefty severence package. I might add that the 'official' verbal warning is very important and have a witness there for all dealings with her. This is 'ABC' in management regarding discipline.