What’s the procedure when you’re going to be terminated as in your last day of work when they call you to the office to let you go?

[Fluttervale]

I try to let go at the beginning of the shift when I've had to do it. I can't keep a poker face.

Bring into the office, outline reasons and warnings, say that they no longer have a job, if you need to sit here for a few minutes to collect yourself go ahead. Then walk them to their locker and out the door.

For me it I try to be calm and as non confrontational as possible because the last thing people need is to be told how awful they are (because they're usually not awful people, just people who aren't meant for their job, and calling a thief a thief isn't going to change anything).

If the TM is known to be aggressive or angry generally, or is excessively dramatic, I'll bring in another TL to witness.

 

[Tessa120]

Do you think there are different expectations for different tm’s?
Do you think NO tm’s can meet the expectations set, even if they try harder/get help ?

Yes and yes. Stacking the expectations happens all the time when you want someone gone and you don't want to pay unemployment. You make it rough enough that they either get the message and get out or there's enough of an acceptable paper trail that UC won't realize it was targeted and will agree with you that the employee was a performance problem

And different managers have different expectations. With same demands under modernization some stores coach and CA their ass off for not meeting those demands, while others never say a word about lack of finishing because they know the workload is too heavy.

First thing I Get the termination papers and you cash out . Once the tm comes in I stop him/her from clocking in ( normally I ask the hr to get them out of the system and that way they can’t even block in)take them to the interview room and explain to them that they are being fired either because of their attendance or performance. I give them their cash and open the door to let them out .

Illegal as fuck. Doing the actual process of firing is still work hours for the TM. I hope someone goes through your files for all these firings where the TM was cheated the 20 or so minutes it took to finalize everything and fines you and the store.

 

[allnew2]

Illegal as fuck. Doing the actual process of firing is still work hours for the TM. I hope someone goes through your files for all these firings where the TM was cheated the 20 or so minutes it took to finalize everything and fines you and the store

What’s illegal about it? Most of the firing was ncns therefor job abandonment .

 

[Tessa120]

If you have them in an office and are telling them why they are being let go then they are performing a work function (listening to you and going over paperwork) and doing a work function means being paid for working. But you are stopping them from clocking in, but still having them meet with management, which means you are making them work off the clock. And that is illegal.

Doing shady things like "forgetting" to have time recorded for that final meeting just because you want to save the budget or you want a financial "last word" doesn't change it from working off the clock to something legal.

Even with it being a NCNS, you letting them into the employee area and then sitting them down to talk about why they are being fired means that you haven't let them go yet, you still consider them an employee.

 

[Nauzhror]

Do you think there are different expectations for different tm’s?

Absolutely. If you don't then you're lying to yourself.

 

[allnew2]

If you have them in an office and are telling them why they are being let go then they are performing a work function (listening to you and going over paperwork) and doing a work function means being paid for working. But you are stopping them from clocking in, but still having them meet with management, which means you are making them work off the clock. And that is illegal.

Doing shady things like "forgetting" to have time recorded for that final meeting just because you want to save the budget or you want a financial "last word" doesn't change it from working off the clock to something legal.

Even with it being a NCNS, you letting them into the employee area and then sitting them down to talk about why they are being fired means that you haven't let them go yet, you still consider them an employee.

Maybe in your state is that way .

 

[NewKidGSTL]

I’ve been told they have to be clocked in as well

 

[allnew2]

In my state I can do it over the phone and mail the check within 72 hours

 

[Tessa120]

Maybe in your state is that way .

Your state doesnt follow federal rules about work activities and wage law?

 

[allnew2]

Your state doesnt follow federal rules about work activities and wage law?

I live in at-will employment state. Therefore I can email- send a letter of call /text that person on his/her day off and let them know .

 

[Planosss]

Guys this not how any of this works. Please ask your HR how they’d fire someone.

 

[allnew2]

Guys this not how any of this works. Please ask your HR how they’d fire someone.

Well see this is where my HR comes into play . She Gets all pay out ready and tells me that all I have to do is let them know they are no longer employed and show them out.

 

[Tessa120]

I live in at-will employment state. Therefore I can email- send a letter of call /text that person on his/her day off and let them know .

You're right, you can email or call, and that's off work and off the clock. But you choose not to. You choose to bring them into the building for a termination meeting. That's work. They show up, you conduct a meeting with them.

 

[Yetive]

Anyone termed gets 3 hours of pay, so the term is not off the clock.

 

[Amanda Cantwell]

You're right, you can email or call, and that's off work and off the clock. But you choose not to. You choose to bring them into the building for a termination meeting. That's work. They show up, you conduct a meeting with them.

Email and text about anything other than schedule get 15 minutes of pay per the handbook.

 

[NightHuntress]

So some people actually get their last pay when they are being terminated in person? I’ve never seen or heard that. In my experience I’ve seen team members get terminated either at the beginning of their shift or the end depending on the situation, they turn in name badge and discount card, clock out and leave. Their last paycheck comes to the store the same as everyone else’s and HR just mails it to them.

 

[Amanda Cantwell]

So some people actually get their last pay when they are being terminated in person? I’ve never seen or heard that. In my experience I’ve seen team members get terminated either at the beginning of their shift or the end depending on the situation, they turn in name badge and discount card, clock out and leave. Their last paycheck comes to the store the same as everyone else’s and HR just mails it to them.

Some states require immediate payout.

 

[allnew2]

But you choose not to. You choose to bring them into the building for a termination meeting.

I don’t chose that, it’s how it’s being done at my store and all the other stores around .

 

[commiecorvus]

I don’t chose that, it’s how it’s being done at my store and all the other stores around .

If you are spending any time with them beyond saying, "You're fired. Turn in your shit. By by.", then they have to be on the clock.
If you are going to spend the time, like happened to me, to explain all the tiny charges you have piled up so you can performance someone out of their job, that has to be on the clock.
Otherwise you will be breaking state and Federal wage laws.

 

[Amanda Cantwell]

If you are spending any time with them beyond saying, "You're fired. Turn in your shit. By by.", then they have to be on the clock.
If you are going to spend the time, like happened to me, to explain all the tiny charges you have piled up so you can performance someone out of their job, that has to be on the clock.
Otherwise you will be breaking state and Federal wage laws.

What if AP is escorting you out? At what point do you go on/off the clock lol

 

[Coqui]

like Yetive said. When someone is termed, they are paid for 3 hours that same day so it’s always done on the clock whether the term took 30 minutes or 10. You’re still paid for 3 hours.

 

[Tessa120]

What if AP is escorting you out? At what point do you go on/off the clock lol

Probably the second you step foot out of TSC, unless AP holds you after that and it's not to wait for the police.

like Yetive said. When someone is termed, they are paid for 3 hours that same day so it’s always done on the clock whether the term took 30 minutes or 10. You’re still paid for 3 hours.

Which is why @allnew2 is preventing them from clocking in. No record showing them there, so no proof they are owed wages, so wage laws can be broken with minimal risk of being caught.

 

[JAShands]

Since it would still require the three hours of Minimum Pay to term someone at a store that requires an immediate cash payout for wages earned, why couldn’t that have already been processed and included by the HR at @allnew2 store? She said they prepare everything and give it to her to handle when the TM comes in. Only the HR processing and preparing final payout and the TM who has a final paystub will know how that’s being handled. Let’s not jump the gun calling people out for illegal behavior when we don’t in fact know what’s going on behind the scenes at the store.

 

[Frontlanegirl]

Since it would still require the three hours of Minimum Pay to term someone at a store that requires an immediate cash payout for wages earned, why couldn’t that have already been processed and included by the HR at @allnew2 store? She said they prepare everything and give it to her to handle when the TM comes in. Only the HR processing and preparing final payout and the TM who has a final paystub will know how that’s being handled. Let’s not jump the gun calling people out for illegal behavior when we don’t in fact know what’s going on behind the scenes at the store.

This ^^^ Unless you are working HR, the rest of you are just speculating. Each state is different and terms are different, based on the situation.

 

[allnew2]

Which is why @allnew2 is preventing them from clocking in. No record showing them there, so no proof they are owed wages, so wage laws can be broken with minimal risk of being caught.

Incorrect . So I went in today and asked hr why when we terminate people we don’t let them clock in. The response is that they are already cashed out including when they show up and are being fired as someone said earlier apparently they are getting paid 3 hours which is added to their final pay out. The reason my Hr is doing it the day before is to not be any more waiting for a pay of 3 hour . She simply gets the pay for the day they show up added to it without them needing to clock in or out. as for proof I assume everyone knows there’s cameras everywhere.