Post by NATH45 on Dec 15, 2023 5:57:16 GMT
That sucks. Sorry to hear. I've never been on that side of the issue, but certainly sat on the other end - having to terminate people for theft.
There's usually a lot of things to consider when taking this course of action. Is there a history of similar issues, leaning towards the probability of the offence in question actually happening? Or a history of behavioural issues, ie; unprofessionalism, safety breaches, policy breaches, brand damage, etc. The hows and whys, and did it actually happen? Is there proof? Some offences can and will lead to an immediate termination if justified. And some of these small businesses just don't have the bodies or the time to screw around, they'll just pull the trigger if things ain't working.
There's 2 things you can do
A) Get some free legal advice.
But make sure all your ducks are in a row, and have a good hard think about anything, anything at all in the past that might add cause to your termination. We're there conversations, discussions, formally or informally that might have either been regarding behaviour or performance? A good manager, or a very cunning one may have noted these (or maybe be able to call upon if needed). If the workplace is as toxic as described, they are most likely vocal managers, ie; ranting, raving, aggressive behaviour - but their criticisms could be argued, that they were giving feedback and if it's regular, it may be argued, this manager was giving you regular feedback without seeing improvement and this termination was justified. Often times in situations like this a line must be drawn between what is bullying and what is being held accountable. Many people can't separate the two.
If their behaviour was below the line - where there witnesses? Other wise, it's he said / she said sort of stuff. And again, if the manager can argue the above points, and they have some sort of documented evidence to suggest their criticisms were performance or behavioural based and not a personal attack, then you're going to be up against the ropes pretty quickly. Long story, short - first determine if the comments were below the line and recall what was said, when was it said and where there any witnesses, and are those witnesses willing to give evidence if needed. Your argument might be, that because they didn't supply you with any written documentation to suggest performance management was taking place, how would you have known if you weren't doing a good job?
I believe, there's your story, and there's my story and somewhere in there is the truth. Tone, language and even environment can mean two people can have an interaction and perceive it in two entirely different ways. Meaning what could have been a performance conversation can easily be fobbed off, if there isn't a seriousness in tone, and language is vague or lacking detail or it's said in the wrong place, wrong time.
So, prepare for a fight. Prepared to be challenged.
Sadly, and it can suck - it can be less about a business' reason for terminating someone, and more about an employee showing cause why they should be still employed. Hence why many businesses use a " Show Cause " - first they present the allegations, then let the person respond, and they ask for this " Show Cause " for the employee to justify keeping their job.
B ) Move on with your life.
If the workplace is toxic, and the people are terrible. And all round the experience is awful. Sometimes it's easier to close the door and look for another one to open. Safe yourself the pain and the PSTD that comes with having to continually deal with this shit and move on by first looking after yourself mentality and emotionally.
There's usually a lot of things to consider when taking this course of action. Is there a history of similar issues, leaning towards the probability of the offence in question actually happening? Or a history of behavioural issues, ie; unprofessionalism, safety breaches, policy breaches, brand damage, etc. The hows and whys, and did it actually happen? Is there proof? Some offences can and will lead to an immediate termination if justified. And some of these small businesses just don't have the bodies or the time to screw around, they'll just pull the trigger if things ain't working.
There's 2 things you can do
A) Get some free legal advice.
But make sure all your ducks are in a row, and have a good hard think about anything, anything at all in the past that might add cause to your termination. We're there conversations, discussions, formally or informally that might have either been regarding behaviour or performance? A good manager, or a very cunning one may have noted these (or maybe be able to call upon if needed). If the workplace is as toxic as described, they are most likely vocal managers, ie; ranting, raving, aggressive behaviour - but their criticisms could be argued, that they were giving feedback and if it's regular, it may be argued, this manager was giving you regular feedback without seeing improvement and this termination was justified. Often times in situations like this a line must be drawn between what is bullying and what is being held accountable. Many people can't separate the two.
If their behaviour was below the line - where there witnesses? Other wise, it's he said / she said sort of stuff. And again, if the manager can argue the above points, and they have some sort of documented evidence to suggest their criticisms were performance or behavioural based and not a personal attack, then you're going to be up against the ropes pretty quickly. Long story, short - first determine if the comments were below the line and recall what was said, when was it said and where there any witnesses, and are those witnesses willing to give evidence if needed. Your argument might be, that because they didn't supply you with any written documentation to suggest performance management was taking place, how would you have known if you weren't doing a good job?
I believe, there's your story, and there's my story and somewhere in there is the truth. Tone, language and even environment can mean two people can have an interaction and perceive it in two entirely different ways. Meaning what could have been a performance conversation can easily be fobbed off, if there isn't a seriousness in tone, and language is vague or lacking detail or it's said in the wrong place, wrong time.
So, prepare for a fight. Prepared to be challenged.
Sadly, and it can suck - it can be less about a business' reason for terminating someone, and more about an employee showing cause why they should be still employed. Hence why many businesses use a " Show Cause " - first they present the allegations, then let the person respond, and they ask for this " Show Cause " for the employee to justify keeping their job.
B ) Move on with your life.
If the workplace is toxic, and the people are terrible. And all round the experience is awful. Sometimes it's easier to close the door and look for another one to open. Safe yourself the pain and the PSTD that comes with having to continually deal with this shit and move on by first looking after yourself mentality and emotionally.