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Getting fired and compensation



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yo'ma




 
 
    
 

Post Mon, Sep 18 2017, 10:29 am
My husband has to fire two people. He suspects both of stealing and one of them also lacking in her job which is cleaning and serving. He doesn't have a problem with firing them, but he's not looking forward to afterwards. He says that they're going to want compensation and how much they want and how much he is willing to give will not be the same, so they will go to a lawyer and sue. It will take a few years to come to an agreement, etc.. He knows this because it's happened before and it seems to be the norm.

To me, I think that's nuts. He says it's like that everywhere. Please tell me it's not and only in this crazy country. To top it off, they don't work on the books and that won't make a difference how much they should get and it's from my understanding that if it's off the books, they might "deserve" more because there's no legal proof.
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imasoftov




 
 
    
 

Post Mon, Sep 18 2017, 11:06 am
yo'ma wrote:
My husband has to fire two people. He suspects both of stealing and one of them also lacking in her job which is cleaning and serving. He doesn't have a problem with firing them, but he's not looking forward to afterwards. He says that they're going to want compensation and how much they want and how much he is willing to give will not be the same, so they will go to a lawyer and sue. It will take a few years to come to an agreement, etc.. He knows this because it's happened before and it seems to be the norm.

To me, I think that's nuts. He says it's like that everywhere. Please tell me it's not and only in this crazy country. To top it off, they don't work on the books and that won't make a difference how much they should get and it's from my understanding that if it's off the books, they might "deserve" more because there's no legal proof.

If your husband is hiring (or even managing for someone else) people who were paid off the books he needs a lawyer even more than if he was just firing two people.
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shoshanim999




 
 
    
 

Post Mon, Sep 18 2017, 11:12 am
imasoftov wrote:
If your husband is hiring (or even managing for someone else) people who were paid off the books he needs a lawyer even more than if he was just firing two people.


Can you substantiate this? Do you personally know of instances where people hired low wage workers and paid them in cash and it caused problems down the road? I don't. I'm not saying it's ideal but if you don't have proof that this is a legitimate serious concern, then I don't believe you should pretend it is one. Should all the thoasands if families that hire Spanish cleaning help be worried?
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Miri7




 
 
    
 

Post Mon, Sep 18 2017, 12:51 pm
First off, your DH should not be hiring and paying people off the books. That can result in tax liability and perhaps other legal issues. Employers who don't comply with tax laws and labor laws can end up in a lot of hot water and paying a lot of back pay, taxes, and fines.

Second, why does your DH expect that each time he fires an employee that he will be sued if he doesn't pay them the severance they want? This is odd. Are off-the-books employees really going to take their employer to court? If so, wouldn't they risk then having to pay taxes on all of their unreported income?

It seems to me that a much better system would be to pay everyone on the books, comply with all labor laws regarding overtime, breaks, lunch, etc, and have policies and contracts regarding termination. Then your DH could hire and fire people without expecting that each will result in a drawn-out lawsuit. If everything was above-board, then he could also offer them additional severance if they signed a separation agreement where they give up any future claims against him. Would save a lot of headache and would allow him to run things more professionally.
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yo'ma




 
 
    
 

Post Mon, Sep 18 2017, 1:02 pm
Miri7 wrote:
Second, why does your DH expect that each time he fires an employee that he will be sued if he doesn't pay them the severance they want? This is odd. Are off-the-books employees really going to take their employer to court? If so, wouldn't they risk then having to pay taxes on all of their unreported income?

This is not in America and yes, they probably would sue. I'm asking if this is done all over. He thinks it is and I don't. He knows from experience and speaks to other people. It's a kind of mentality.
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