Page 1 of 3 123 LastLast
Results 1 to 10 of 30

Thread: Termination Nightmare

  1. #1

    Termination Nightmare

    I had a year and a half employee being paid $25/hr (damn good i see) that I had to recently terminate in a difficult way due to insubordination, passive/aggressive behaviors and threats of abandonment (I live alone). She said I owed her 5 more days and she is a victim of descrimination. I could see her position on the situation (time, not descrimination) and in good faith I complied with a letter relinquishing any future requests for compensation, etc.

    She said she won't cash the check (cause she knows it would end it) and is threatening legal action.

    She was off the books and is threatening that exposure as well.

    She was only 5.5 hrs./week, 2 hrs Sat AM, 3.5 hrs Sun AM.

    Any advice, ever been there?

    She's unstable and has me a bit frightened.

  2. #2
    I'd see about getting a protection order & much better replacement ASAP

  3. #3
    Time will tell. Most are just threats. let her vent her issues and she'll go away.

  4. #4
    Senior Member kate's Avatar
    Join Date
    Jan 2002
    Location
    bellevue, wa, usa
    Posts
    10,992
    Quote Originally Posted by crags View Post
    I had a year and a half employee being paid $25/hr (damn good i see) that I had to recently terminate in a difficult way due to insubordination, passive/aggressive behaviors and threats of abandonment (I live alone). She said I owed her 5 more days and she is a victim of descrimination. I could see her position on the situation (time, not descrimination) and in good faith I complied with a letter relinquishing any future requests for compensation, etc.

    She said she won't cash the check (cause she knows it would end it) and is threatening legal action.

    She was off the books and is threatening that exposure as well.

    She was only 5.5 hrs./week, 2 hrs Sat AM, 3.5 hrs Sun AM.

    Any advice, ever been there?

    She's unstable and has me a bit frightened.
    crags, I don't have any answers but I'm hoping someone else can help. Do I have it right that you've paid her about $11k in the last 18 months without doing the social security/medicare paperwork & contributions?

    Here's what one reputable site says:
    Many home health aides will represent themselves as independent contractors, ostensibly relieving the hiring individual of these tax obligations. However, it is the responsibility of the hiring individual to be sure that the aide truly is an independent contractor and is therefore paying their own taxes.
    source

    So, she does kind of have you in a bad spot--but I doubt she'd go through with the legal stuff, because she probably didn't tell the IRS about this cash deal herself.

    What does she want from you?

  5. #5
    Senior Member Wesley's Avatar
    Join Date
    Jul 2003
    Location
    Pennsylvania
    Posts
    1,785
    the safety issue is number one. If you really feel threatened, you need to contact the authorities.

    count your blessings that she didn't have an accident or some bad back crap that she's coming after you've about. I wouldn't worry about the IRS too much. you can always file late and pay the penalties.

    I would not talk to her anymore. With these kinds of people, answering her phone calls usually just encourages their belligerence. Keep a diary of any further interactions and keep things in writing if you need to communicate further.

    good luck. I've been in the same situation and its sucks

  6. #6
    Her principal grievance was that she was not paid until the end of a period that she thought was "agreed" upon (she doesn't know what "at will" employment means). Nothing legal, just the time when my other aide was returning from vacation. So, I paid her the extra five days but accompanied it with a certified letter and statement on the back of the check that this amount represents the amount requested as agreed upon for her termination and that by signing the check she will forgo any claim on past or future monies. Her antenna went up when she read this and she call, screaming that she will not cash the check and that now the grievance is discrimination. So far no more phone calls and we will just have to wait to see if they need for money overrides her anger and she signs the check. That signature is going to burn her up I am sure.

    If need be I can pay the back Social Security taxes (it amounts to about1,000), but she will have to pay her Social Security taxes, federal withholding and state withholding. And you can be sure that I will be doing everything I can (I will let her know) to make sure that every agency that may be giving her assistance, from Medicaid, school lunch to SCHIP, knows about her unreported income. Hopefully she won't be claiming workplace injury as I didn't carry workers comp or disability on her. I have another employee fully on the books and it is a big relief to know you are covered from such extortion.

    We're just going to have to wait this one out and see.

    It is a most frightening episode. Frightening in the respect that my dependency got in the way of what deep inside I felt was a problem very early on in the relationship. I've always felt that conflicts will arise and that it is possible to move on. But, there are some conflicts, especially when they are regular occurrence, and the way certain things are said that fundamental lines have been crossed and you need to act quickly. For if you don't, you can find yourself in a potentially very dangerous situation, be it physical, financial, or otherwise, such as identity theft or assault/vandalism for hire. There are lots of gangs that will vandalize or assault for hire. It simply one of their lines of business.

    The warning signs were there. It is truly disappointing to have waited this long.

    I pray she just fades away. I don't think she will be using me for reference any time soon. I truly took good care of her (paid for two months rest while having a child) and to her last breath, she continued to scream that I needed to take better care of her and show her more respect. This woman is the type of person whom we all know that wherever she goes there is conflict. As soon as you observe this about a person and experience it for yourself do not assume that you can change this type of person and have a different type of relationship. The odds are heavily against you.

    Will keep you all posted.

    Thanks for the feedback.

  7. #7
    Moderator jody's Avatar
    Join Date
    Jan 2004
    Location
    east o the southern warren
    Posts
    8,530
    what discrimonation is she refuring too? just nosey. you should just let her do what she threatens. doubt it will pan out for her. she is just grasping at straws. sounds like you were a fair employer.

  8. #8
    Did you have a written contract with her? This helps in circumstances like this. She is in as much trouble as you if she did not pay taxes or report her income to authorities if she is on welfare, so I suspect that is an foundationless threat.

    If you gave her a key, I hope you had your locks changed, even if she gave it back. Easy to make a copy, then come back and rip you off or worse.

    If she is threatening you, in most states you can also report her to Adult Protective Services (APS) since as a PWD, you are in a "protected' class.

    (KLD)

  9. #9
    So far it has been one week since the termination and six days since the last phone harassment. The check still has not been cashed and I anxiously await to see when that occurs. For when she endorses that check she forgoes any opportunity for redress, not that she had any anyway.

    I just finished listening to a nice audio book called Helping, How to Offer, Give, and Receive Help. It just happened to catch my eye while in the library. While much of the audio book is geared towards relationships in the business setting, there were some extremely relevant segments that really hit home in my situation. The author explains how relationships in which one party who needs help, especially consistently, and the other party who provides help have unique dynamics that are prone to dysequilibrium, especially from the party who is providing the help and has the power.

    It is how people utilize this power which will determine the health of a relationship and its stability.

    Very interesting information, easy listening. Highly recommended.

    So, I am in a quiet period, waiting and hoping that her need for cash overrides her anger and vindictiveness and she cashes the check. Hopefully there are some people around her which will advise her to do likewise and move on.

    Over the years, I have gotten much more specific about description of duties and responsibilities with employees. One lesson I have learned from this is that I need to get even more specific with expectations of overall behavior.

    And also not to be overly generous too soon with benefits other than work pay until you're convinced of the health of the relationship and certainly not after you see evidence of relationship dysfunction.

    For it is clear to me now that what was intended to be expressions of appreciation were interpreted to be signs of weakness.

    As far as locks go, I have used Multi-Lock brand cylinders for over 10 years. It is the highest security cylinder made and utilizes a unique tumbler design. But most of all, in order to make a copy of the key you must go to a Multi-Lock authorized dealer, of which there are not that many, and present your personal multi-lock authorization card. That card has your unique key cutting settings and other identifiers. The dealer is required to ask for additional identification to prove you are the holder of the card. I keep my card in a safe.

    Therefore, if one uses multi-lock cylinders and you get the key back and your card has been absolutely secured over time, you can rest assured that that person has been unable to make any duplications.

    You can check out the multi-lock website for more information on their keys. Highly recommended.

  10. #10
    Received a notice to appear in court for allegations of sexual harassment and not giving her two weeks notice. Wants $2,600.

    I think she's probably done this before. Classic extortion.

Similar Threads

  1. the nightmare continues.....
    By alex74 in forum Life
    Replies: 13
    Last Post: 07-27-2006, 12:35 PM
  2. Miracle turns to nightmare
    By Steven Edwards in forum Cure
    Replies: 15
    Last Post: 01-22-2006, 11:29 PM
  3. Replies: 14
    Last Post: 12-31-2004, 02:44 PM
  4. Replies: 0
    Last Post: 09-23-2002, 12:05 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •