Would you hire this guy?

Aug 30, 2002
17,397
21,867
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Did he lie on his application?

IF you need an out - there it is.

ÍF it's not asked on your application, add it.
 
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iceheart08

Heisman
Sep 1, 2005
14,236
23,901
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Did he lie on his application?

If you need an out - there it is.

Íf it's not asked on your application, add it.

Apparently so.

The company doesn't need an out. We are talking about a server in an at will state. You have the legal right to fire him for ANY reason as long as it's not because he's a member of a protected class.

You don't even need an actual reason.

American employees, generally, have almost no employment protections. I'm confused why so many of you think there needs to be a reason or a paper trail.

He's a server. He's not going to sue anyone for losing this job.
 

bwhwc

All-Conference
Apr 23, 2002
1,835
3,074
113
The company doesn't need an out. We are talking about a server in an at will state. You have the legal right to fire him for ANY reason as long as it's not because he's a member of a protected class.

You don't even need an actual reason.

American employees, generally, have almost no employment protections. I'm confused why so many of you think there needs to be a reason or a paper trail.

He's a server. He's not going to sue anyone for losing this job.
Remember who the OP is, he just continually throws stuff out there to see how many responses he can get even when he already knows the answer. I’d be surprised if the molester actually existed.
 

appalachiatiger

Heisman
Jan 7, 2009
20,315
12,712
0
Remember who the OP is, he just continually throws stuff out there to see how many responses he can get even when he already knows the answer. I’d be surprised if the molester actually existed.

No this is an actual situation going on in the restaurant right now.
 

appalachiatiger

Heisman
Jan 7, 2009
20,315
12,712
0
So the GM is a good friend of mine. Showed him out responses. We ALL are pretty much on the same page.

His response-

" I'm going to let the situation handle itself. And it will. Have to trust the process. I am not firing him, I am not writing him up for things that everybody else does, I will not single him out.

What these people are failing to think of..it may be an at will state but would cost me more to pay a server unemployment, which they would get if I fired them.

As well as a discrimination lawsuit to the company as their are no restrictions at time of hire.

Most restaurants do not do background checks on employees but only on those engaged with keys and money.

Soo...what they are saying may be fine and dandy for their industries but there are certain battles we are willing to pick as a company.

He has zero complaints or sexual harassment accusations and probably the most 5 star and positive reviews for his service than any other employee on my staff currently. "
 

jgilchrist7_

Heisman
Dec 10, 2011
6,628
13,195
0
The company doesn't need an out. We are talking about a server in an at will state. You have the legal right to fire him for ANY reason as long as it's not because he's a member of a protected class.

You don't even need an actual reason.

American employees, generally, have almost no employment protections. I'm confused why so many of you think there needs to be a reason or a paper trail.

He's a server. He's not going to sue anyone for losing this job.
So as long as he's a white male? Not coming at you, just making sure I'm understanding so I can agree.
 
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iceheart08

Heisman
Sep 1, 2005
14,236
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So as long as he's a white male? Not coming at you, just making sure I'm understanding so I can agree.

You can't fire a white male because he's a white male. That's two protected classes, race and gender. You can fire a white male, in most instances, because you don't like the color of his shoes. Just like you can fire a black female for that reason.
 
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jgilchrist7_

Heisman
Dec 10, 2011
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You can't fire a white male because he's a white male. That's two protected classes, race and gender. You can fire a white male, in most instances, because you don't like the color of his shoes. Just like you can fire a black female for that reason.
I get what you're saying about any reason, you said protected classes. Which I took to mean, minorities and/or women.
 
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appalachiatiger

Heisman
Jan 7, 2009
20,315
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You can't fire a white male because he's a white male. That's two protected classes, race and gender. You can fire a white male, in most instances, because you don't like the color of his shoes. Just like you can fire a black female for that reason.

I've fired more white males than any other race or sex.
 

appalachiatiger

Heisman
Jan 7, 2009
20,315
12,712
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I get what you're saying about any reason, you said protected classes. Which I took to mean, minorities and/or women.

If it's your money you are paying for the labor you should be able to hire and fire whoever you want whenever you want for any reason you want.
 

appalachiatiger

Heisman
Jan 7, 2009
20,315
12,712
0
100% fire this dude...for cause. Lying on his application, exhibiting low moral character for his otherwise sophomoric behavior.

At any rate, you have to at least confront him about it.

I agree wholeheartedly.

The GM is a great friend but part of the woke crowd.

Don't think he truly understands the situation.
 
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leetp

Heisman
Dec 6, 2021
15,481
21,399
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So the GM is a good friend of mine. Showed him out responses. We ALL are pretty much on the same page.

His response-

" I'm going to let the situation handle itself. And it will. Have to trust the process. I am not firing him, I am not writing him up for things that everybody else does, I will not single him out.

What these people are failing to think of..it may be an at will state but would cost me more to pay a server unemployment, which they would get if I fired them.

As well as a discrimination lawsuit to the company as their are no restrictions at time of hire.

Most restaurants do not do background checks on employees but only on those engaged with keys and money.

Soo...what they are saying may be fine and dandy for their industries but there are certain battles we are willing to pick as a company.

He has zero complaints or sexual harassment accusations and probably the most 5 star and positive reviews for his service than any other employee on my staff currently. "
Point is obviously moot based on your boss's response ....

But if you fire him for cause he doesn't qualify for unemployment. Lying on an application to conceal a felony convection is definitely cause for termination in even the bluest, employer friendly states (I would think).
 
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PalmettoTiger1

Heisman
Jan 24, 2009
12,887
12,784
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Couple questions you may need to cover

How long has he been working at the job

Even if you fire him he may not have qualified to charge your unemployment account

If the woke manager doed not want to fire him

then slow play him by giving him the slowest worse shifts that will not make him money

or shifts that really suck

Or quit posting when the answer is no matter what people propose you will not take advice