ot for Some igglephans input for employee issues

[Greenstealth]

I do realize that it's possible that this perhaps isn't the best place to post this but there are some pretty decent minds here and I at least have some degree of anonymity.

I run a small business, we have seven employees. Occasionally I'll have one call off or have an engagement that they need to be at. I cover, it's usually a pain in the ass but such is life. One of my guys started a pattern of calling off, coming in late, and not performing like he should. He then no show-no called me for three days. I tried unsuccessfully to contact him and got nothing back. He showed up and explained that he had a drug addiction and that he was getting help through a program. The guy has young two kids and a live in gf which I admit weighed on me and I took him back. Everything was good again for months but the sporadic stuff started popping back up. He called off this morning (again). I began a search to replace him, in the meantime his brother showed up at the office. I've never met him before, he wants me to take part in an intervention. His theory is that I hold the only leverage to make him go to rehab (his job). I was figuring on replacing him, meaning that leverage would be gone because I would be terminating him. I contacted the attorney and he said I have grounds to terminate based on the repeated tardiness/absence. I'm really conflicted.

[Sect 236]

Does he have gang ties?

[Greenstealth]

At this point, nothing would surprise me.

[Snakebitten]

I cover, it's usually a pain in the ass but such is life.

I hope you don't run a male escort service. If so, keep your pimp hand strong and slap that tweaker to the curb.

[IronEagle]

I'd listen to your attorney.

I'm not an attorney but as far as your business is concerned I think you have to set a policy which is consistent for all employees. Consider situations in the future which could be different.

Maybe you can fire him but offer him the opportunity to reapply for a job (assuming one is possible) after he completes rehab.

Bottom line you need some sort of policy which applies to everybody equally. One strike rule, two strike rule, etc.

As far as an intervention is concerned with his brother I don't think it's wise to engage in that ad hoc while he is still employed by your company. Unless you have a policy which explicitly states when and how you will intervene in situations like this.

[Greenstealth]

I'd listen to your attorney.

I'm not an attorney but as far as your business is concerned I think you have to set a policy which is consistent for all employees. Consider situations in the future which could be different.

Maybe you can fire him but offer him the opportunity to reapply for a job (assuming one is possible) after he completes rehab.

Bottom line you need some sort of policy which applies to everybody equally. One strike rule, two strike rule, etc.

As far as an intervention is concerned with his brother I don't think it's wise to engage in that ad hoc while he is still employed by your company. Unless you have a policy which explicitly states when and how you will intervene in situations like this.

I understand that and it is my fault for not having policies in place. Over the years this place has been loosey goosey but it's small enough to the fact that most understand how it needs to operate and what the conditions are if they are absent. The attorney said he'd get back to me on his actual advice but that I did have grounds for termination. There are pros and cons to both sides of keeping him and letting him go. At this point (after some of the information his brother divulged) I feel like I am an enabler. part of it was due to me not wanting to be involved and wanting this place to run smoothly and also my ignorance to how the addiction part of it works. I almost feel compelled to use his job as leverage which doesn't totally seem right. As I sit here typing this, I can't come up with a clear cut choice that seems right by all accounts.

[Eagle Road]

I know it's hard, but I would let him go, and let the family take care of the intervention.

I agree with IE that you need a policy that would handle any and all situations like this the same.

I would think that to a degree, by letting him go, you may be in effect, protecting your other employee's and your business.

I have no idea GS what kind of business you are in, but in some businesses a person that unreliable could really screw it up for everyone else.

We have a strict no drug/alcohol policy, plus our employee's are regularly drug/alcohol tested, that in itself is a pretty big piece of "leverage" if someone wants to keep their job and take care of their family.

[IronEagle]

I understand that and it is my fault for not having policies in place. Over the years this place has been loosey goosey but it's small enough to the fact that most understand how it needs to operate and what the conditions are if they are absent. The attorney said he'd get back to me on his actual advice but that I did have grounds for termination. There are pros and cons to both sides of keeping him and letting him go. At this point (after some of the information his brother divulged) I feel like I am an enabler. part of it was due to me not wanting to be involved and wanting this place to run smoothly and also my ignorance to how the addiction part of it works. I almost feel compelled to use his job as leverage which doesn't totally seem right. As I sit here typing this, I can't come up with a clear cut choice that seems right by all accounts.

Well, you could try to finesse it by telling the guy he has to go to rehab and if and when when he comes back certain new policies will be in place.

But if he comes back I think you would have to start from strike one with him regarding the new policies since they weren't in place before.

Maybe you should consult with an HR guru for small businesses. I am certainly not that or an attorney.

[Greenstealth]

No, but you are giving me pretty good options. It's tough, we are a small mom and pop place. We cater to some big boys and they don't go easy with deadlines and this stuff makes life hell for me and the rest of the employees.

[CCPete]

I'm sure your atty asked: have you fully documented everything you posted here as things were occurring? Have you privately discussed this with the person letting him know that a recurrence of poor performance would lead to termination.....and documented that as well? If the answer is yes, then the decision should become ......can you and your small business move on if you maintain his position open while he rehabs after the intervention? That answer should drive your decision.

[iowaigglefan]

Well, you could try to finesse it by telling the guy he has to go to rehab and if and when when he comes back certain new policies will be in place.

But if he comes back I think you would have to start from strike one with him regarding the new policies since they weren't in place before.

Maybe you should consult with an HR guru for small businesses. I am certainly not that or an attorney.

Agree with this post.

Addiction is a disease. If this worker was a solid employee before the tardiness and missing days I would give him another shot. Tough choice good luck with your decision.

[Eagle In Ohio]

I know it's hard because the guy has a family

No, but you are giving me pretty good options. It's tough, we are a small mom and pop place. We cater to some big boys and they don't go easy with deadlines and this stuff makes life hell for me and the rest of the employees.

But so do you. You can't let this guy be the one who drags the business down. What if you lose one of those big boy clients because he didn't do his job and caused you to miss a deadline. No disrespect, but that client would probably move right on to the next supplier without a second thought. It's admirable that you want to look out for him, but you gotta do the best thing for your livelihood, and the livelihood of those employees who are actually pulling their weight.

[CCPete]

You are not an enabler. You are not family or a friend. You are his employer. You need to act that way regardless of your personal feelings and do what's best for your business.

If your lawyer advises that you can terminate .....do what's best for your business. I don't believe you are large enough to be subject to the Americans with Disability Act. If you were and he enters treatment, he would be considered disabled, which would add a burden to you as the employer. Check that with your atty.

[KenfromCanada]

I do realize that it's possible that this perhaps isn't the best place to post this but there are some pretty decent minds here and I at least have some degree of anonymity.

I run a small business, we have seven employees. Occasionally I'll have one call off or have an engagement that they need to be at. I cover, it's usually a pain in the ass but such is life. One of my guys started a pattern of calling off, coming in late, and not performing like he should. He then no show-no called me for three days. I tried unsuccessfully to contact him and got nothing back. He showed up and explained that he had a drug addiction and that he was getting help through a program. The guy has young two kids and a live in gf which I admit weighed on me and I took him back. Everything was good again for months but the sporadic stuff started popping back up. He called off this morning (again). I began a search to replace him, in the meantime his brother showed up at the office. I've never met him before, he wants me to take part in an intervention. His theory is that I hold the only leverage to make him go to rehab (his job). I was figuring on replacing him, meaning that leverage would be gone because I would be terminating him. I contacted the attorney and he said I have grounds to terminate based on the repeated tardiness/absence. I'm really conflicted.

I operate a family business with my parents here. With a small business you tend to develop closer ties with employees than in a larger business setting. This can, and I know it has with our business, affect some staffing based decisions. At the end of the day you have to do what is best for you and your business. If this person is collecting a steady cheque and is not fulfilling their responsibilities you have to do what is best for you and your business. No one is going to pay your bills or put food in your freezer if your business fails for cutting employees slack.

[Ellsworth]

If you think he's a genuinely good guy I'd give him one more shot, personally. Only bc he has children. Kids make this a tough decision.

Rehab, shape up, stay clean, perform your duties or you're out

Last shot.

This would be simple if he didn't have kids.