I have 6 employees and wanted to get a pic of all so that I could use it in a commercial spot. This particular employee stood everyone up this morning by not showing up for the shoot. I rescheduled it for 1, and he stopped by the office while I was gone to lunch and my secretary explained to him the importance of him being here because we are a team unit. He was very rude to her and said, "What’s he gonna do, fire me?" in front of several other employees. I did not email him his work for tomorrow and he called. I explained that the picture was mandantory and he needed to participate, or else bring his keys and personal items to work. He asked if I was firing him, and I left it that I assumed by his not participating that he was throwing in the towel, as he has been on a downward slump for several months bragging about how little he does to other employees and telling him that he hopes he gets fired so he can draw unemployment. What do you make of this as far as an unemployment claim?
I appreciate all of the response. I have decided to write him and explain that I understand his right to refuse to be photographed, and that he may continue to have his job. I also appreciate all of the excellent advice on the proper way to follow this up to protect my own interest. Thanks!
You should check with a lawyer in your state. It is unlikely that he has the right not to be photographed under the "at will" doctrine in the U.S. However, there may be some case law to the contrary in your state.In general you can fire they guy simply because you wanted to have the experience of firing someone — just as long as you don’t do so in violation of the exceptions to at will employment in effect in your state (e.g. discrimination, whistle blowing).
However, if you fire someone because you just feel like it, he’s going to be able to collect unemployment and drive up your rates.
The facts suggest that a termination with cause is in order here.
A lawyer could help you built a "with cause" file to document a termination with cause. Be sure to document every bad act you have up to this point. When you go to the lawyer, be ready to say "ON may 1, 2007, he said this and A, B, and C heard it."