how to replace attendant

[hithere]

I am a newbie.
if I want to replace(fire(?)) a attenddant with new guy from my laundromat, what is the proper way to do that?
I mean how can I notify him/her? and how to say?
can I fire him/her by any reason?
attendant is part time employee.
thanks,

--Newbie

[William]

Most states are employment "by will", meaning that they can quit at any time without reason or notice, and you can fire them at anytime without reason or notice.

Just fire her and be done with it.

[laschmove]

If I were you, I'd be gentle. Something like "You suck at life, get the hell out of my store and never come back" should work well.

[pete f]

try watching "The Apprentice " for a few episodes to the right "Your Fired" down pat.
I do not remember how I fire employees, they usually quit, though the last one I fired was easy, just asked for the keys back and I said they ( husband wife team) did not perform to my standards( basically show up). After being told I am "to responsible" they(she) quit with much fan fare. the husband borrowed $8 from me several weeks later. Well, sort of begged for it.

[anonymous]

If you fire them you will be on the hook for unemployment costs. Better to get them to quit. Try changing their hours every day, or set their hours when you know they have a conflict. If they quit you owe nothing.

[amartlock]

You're not on the hook for unemployment costs if you fire them for cause, ie, they aren't doing a good job. Just simply explain to them why they are being terminated and wish them well. Then immediately change all the locks they had keys for.

[Ken]

Unemployment office in my area is very very hard to deal,they are on the employee side in the beginning unless I can prove the case.I keep very good info about all the employees now,when they were late,made mistake,ask them sign a warning so they know they made mistake......after all been done,you still have to fright employment office.
I had one employee took me 6 months to get rid of unemployment office after she was fired,she was always late or no show,stolen(hard to prove but...),mean to customers and lazy.I had her sign a few warning letters,her time card ,still took 2,3 phone hearing,a lot paper work to prove my case she finally gave up otherwise we may go to court! After all the problems,she went back to my store,ask my wife and mom for her job back,went to 2 of my friends laundromats apply for job.....both laundromat owners asked me,both laundromats owners didn't hire her.

[Monarch]

I have learned over many many years that this should be done carefully.

Firing for cause will exempt your from unemployement charges, BUT you should have documented your attempts to correct the employees behavor. If attendance problems, note the days of the problem and what you did, verbal warning, etc, after the third or fourth time, make a written record of your discussion, advise the employee that this will become a part of the employement record with you, ask them to sign it acknowleding that you have discussed the issue with them. The are not require to sign it, but the you mark it, "employee refused to sign"

Once you discharge them for this, your backside it usually covered. Be carefull with the suggestion that you change hours or whatever erratically, this can be deemed 'harassment"

Discharge for such cause as drug use, or alcohol use on work premises, or carring a gun on premises, threatening a customer, physical abuse of your other employees or equipment, or theft, are cause for immediate dismissal, but make sure you can back up the claim.

If you just don't want them there because you prefer someone else in the job, then be ready to have an unemployment claim that you won't be a able to duck.

I know this sounds like all the rigamarole that big companies must do, but the Unemployment boards generally do not distinguish between a samll operation or a large one.

There are general "employment at will" contracts at many office supply stores. they are generic, and are not useful in some states, but they might help you cover your backside in the future.

Norman

[hithere]

thanks for all...

It seems like easy and/or difficult to discharge attendant...
I simply thought that the owner can fire anytime by any reason....
But I think it depends on what kind of "employment" between store owner and attendant, right?
if attendant is a just part time worker, then can owner just fire him/her?
if attendant is a full time employee, then the above cases?
am I correct?
What makes it differentiate between a part time worker and full time employee?
thanks again...
--newbie

[Ken]

Part time or full time are the same ,they are your emplyee,if your emplyee is "on the book",you pay them check,if you just fire he/she without any cause,when he/she goes to emplyeement office,it you don't have any reasons,your emplyeement insure will have to pay the person.
None of my emplyees are full time but I still had to fight emplyeement office,it is not too bad,I have been doing this for a long time,only 2 emplyees did that,one took me 6 months to get rid of after she was fire.
One was fast but emplyeement office decided to audit my company,they charged me $24 for some paper work problems but it was super pain on the....
I always built the case before I fired them,it is not easy to fire a person without pay unemplyeement now since unemplyeement office think everybody run a business is fat cat,you have to prove your case.

[tlogens]

So you don't want the former owners employees? The easiest way is to terminate with the reason "Change in ownership". This reason will allow the person to be eligible to collect unemployment benefits immediatley. If you've owned the store for a while you will have to justify the termination. When did you purchased the store? Did you agree to keep the individual? Did you express this to the individual? Most employers have a 90 day probationary period in which the person can be terminated for any reason and the only reason that you need to write on the termination form is "failed to complete the probationary period". You do not have to tell the person the real reason they are being terminated. Even if they ask. Did you tell the person they are under a probationary period? Did they sign a new probationary statement (this will protect you)?

You also need to be careful about a EEOC/NERC case specially if you have owned the store awhile. Is the person a female over 40? The first they will say is that they were discriminated against because they are female and over 40. This can be a very very large can of worms.

Now ask youself these questions before you jump the gun. Did you talk with the former owner about the persons attendance, flexibility in working hours and days off, trustworthiness? If not you may want to speak with them. You MAY NOT want to give this up. It's very difficult to find a dependable and good person to work at low wages and no benefits. Is the person you want to bring in all of the above and more?

I hope I have given you some things to think about. I have more than 12 years experience in Human Resources.

By the way William it's "at will" not "by will".

Remember every state has different rules as far as a termination being justified.

Best of luck!

[hithere]

"change of ownership" apply to new owner?
I mean the employees are same but if owner has been changed,then the new owner can terminate the employee by any reason within 90days after ownership change?

[tlogens]

Before I can assist you further please answer these question for me:

1. What was the date you took ownership of the store?
2. Did you tell the employees that you would continue to employ them?
3. If so, did you explain they were on a new probationary period? What did you say to them?

When a new owner takes over a business many will either bring their own people from the start (they already trust them or they are family member ) or they give the current employees the opportunity to prove themselves.

I will be blunt and ask straight out what is the reason you want to get rid of the person?

[hithere]

1. What was the date you took ownership of the store?

not yet, will be in 20 days.

2. Did you tell the employees that you would continue to employ them?

not yet, what should I say?

3. If so, did you explain they were on a new probationary period? What did you say to them?

can I say they are in a new probationary period?

4.what is the reason you want to get rid of the person?

I have my family to take care the store, and current pay rate is a little hirer than what I think and than other stores, so I want to reduce salary or replace...but I will need a couple of attendants even though my family attend....so I will have to either keep some of them or replace them...

from now to settlement date, what should I ask to the current owner?
what should I say and/or get the sign from current attendents?
what should I say after I take over?
thank you

[DuboisLaundry]

since you don't own it (yet) keep your discussions with the seller

Tell them that you will be staffing entirely with family members and that you will not be needing the existing employees. Later, after you own the place a while, you might discover that even your family members don't stay busy enough; or perhaps you will discover after owning it for some time that you need one or more outside employees in addition to family.

The Seller can and should advise the employees that the new owner (you) will not be needing them.

If the employees come to you right after you take over, tell them you and your family are the only staff and ask if you can get their phone number in case you have underestimated the amount of work involved. Meanwhile put together a decent employee handbook detailing responsibilites, expectations, and probationary period.
If you have new hires sometime in the future they will be new hires.
even if they have prior laundromat experience in the same building.

[TLR]

You are under no obligation to keep the attendants from the previous owner - but if you are NEW to the business - they will teach you alot - espescially how people try to cheat you into free washes and drys.

If you need to get rid of a bad employee - do this:

1. Give them a rule book or rule page of expectations when you change ownership - or for new hires.
2. When they break a rule - write down the rule, the consequences if they break it next time, and have them sign it.
3. Do #2 each time they break a different rule.
4. Fire them immediatley after breaking the rule the 2nd time. Do not wait - cause if you let them get away with it a 2nd,3rd,4th ...time then the labor department deems it an unnecessary rule since you allowed it multiple times.
This simple process keeps them from going to Department of Labor for unemployment compensation and keeps your yearly rates down.

DO NOT LET BAD EMPLOYEES STAY. FIRE THEM IMMEDIATELY. I learned the hard way. They will run off customers over the long period of time and you will not even recognize it - until you look back over the numbers spanning several months. Also - they are probably talking about you behind your back to your customers. And they are probably stealing - and you do not even know it!

Don't fear the unknown consequences - just deal with them when they come on daily - you will be better off in the long run.

Also, once they are gone - you will learn lots from your customers about that employee. They will thank you for getting rid of them - or tell you what they were doing when you were not looking. Customers will not tell you while they are still employed - unless it is illegal. They just go somewhere else - and it may take a year or more to get them back - if ever.

TLR

[hithere]

thanks for all your kind and helpful advises...
one last question:

I want to keep them just one or two months after ownership changed, then want to reduce one or two of them, in this specific case, what would be the best approach?
e.g.
1) discuss current owner about this plan?
2) just take action after one or two months later when I think I need it?
3) I better ask current owner to get rid all of them by the time of ownership change since fireing some of them after ownership change maybe hard to do?
4) what else?

Thank you...

[pete f]

You should be getting your own FEI number, and setting up your own state unemployment numbers. Have the owner of the store terminate all employees upon the sale, then you can hire back the ones you want under your new employer number. To get unemplyment from you they have to work a certain number of days. You may be able to sort it all out within the time period. The fact is the employees will be working for a different company the day you buy it, any you do not rehire will go on his umemployment, not yours, assuming you are not buying a corporation.

[tlogens]

I totally agree with DeBoise Laundry.

[Anonymous]

If I were you, I'd be gentle. Something like "You suck at life, get the hell out of my store and never come back" should work well.


That post made me laugh. Just wanted you to know !