(06-01-2022, 09:10 AM)Mikey Wrote:

(05-31-2022, 08:17 PM)Jags Wrote: I’ve got a guy on salary that seemingly is doing his damnest to get fired.  I’d hate to have him leave. But he likes to take days off.  Apparently, this guy got hit with a rock in the eye early Monday last week.  Tuesday he shows up (talks to a chick on the phone about how he wanted to hear her voice while also apparently his traveling nurse wife left for New Hampshire the following day and calls in Wednesday and Thursday.  I’m calling bullsgit and tell him to take Friday off. I am taking those days out of his pay.  He’s technically a subcontractor.  So I am not paying for the days he isn’t here.  He’s now disputing the amount I’m taking out (which is pretty easy math). I over hired this year since help has been hard to come by.  And we are growing.  But this dude is asking for me to let him go.  I don’t want to harbor any bad feelings with him and he is VERY valuable while he is here.  But on the other hand I get a very sizable raise when he screws up again and I let him go and go back to the truck every day.  I don’t know what to do. I’m sick and tired of the inmates attempting to run the asylum. It’s very hard to run a business when you don’t know the manpower you have the next day.

[pseudo-lawya]
First, be careful posting stuff like this before taking action. There is some level of anonymity here, but this can still come back to bite you if it's discovered.
[/pseudo-lawya]

That said, if you give salaried employees leave, dock the leave before docking the pay. If the guy expended all leave, then docking pay is appropriate. Have a talk with the dude about both being on salary and being present. Excessive absence especially without acceptable reason is certainly justified dismissal, but get something in writing that you've warned him of this. Heck, just having that talk might be enough for him to hand in his keys and tell you to pound sand. If not, you've got a trail to show that this was continued issue after bringing it to his attention should he file any claims after being let go.

Thanks.  I do appreciate it. But this is a bit of a different ballgame here.  He’s a subcontractor (cpa insisted). He got 32k a year and we only work 40 weeks on the lawns.  Thos off weeks if we have a job he got paid hourly on.  He has made a “full” month without missing any days 1 time and that is between the 15th of April to the 15th of may.  Today was payday.  No call no show.  He gone.   I took care of him the best I could.  I gave him every opportunity I could and was well more lenient than any other employer would have been.  I know I did everything I could and MORE.  At some point you get slapped in the face enough and walked over you have to call it quits.  I am not in the wrong on this.  Other than talking to much online. I’ll shut  the [BLEEP] up now.

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