Need Major Advice About My Assistant

[storybookending]

That's the thing it is not acceptable. That is why I was like wtf when she was explaining herself and trying to come out like I am the one in the wrong. "I do not want to come to work and get the infants sick with the flu" She knew didn't have no flu. I kid you not the Friday she called off for stomach bug one of the infants puked. It was at the end of the day and he was fine he didn't puke again here or at home. The next day she has the stomach bug.

Maybe like CH said she is looking to get fired to collect unemployment..

[amberrose3dg]

HERE HERE!
and id also be worried about meeting teacher child ratios. This would bring up "do you have a good backup care provider in case your assistant calls in?" this is actually i career route I'm thinking of taking in my home daycare, assistant and all and THIS IS EXACTLY what I'm afraid of. The ones who just don't seem to want to show up to work..

I have had my 20 year old EMT daughter helping out this week.( she is certified as a back up for assistants) Today she could not so I had to send two kids home.

[HappyEverAfter]

Ive never called out sick from any job that much in my life. My last job I was in a car accident on my way to work where someone ran a light and hit me, totaling both cars, and I still made it to work that day. I had a tonsillectomy as an adult and only took 2 of the recommended 7 days off work. I once worked with a girl who was 7 months pregnant, had been diagnosed with having 14 kidney stones which couldn’t be removed while she was pregnant and even she still came to work as scheduled. Let her go and don’t feel the least bit guilty about it. She has failed miserably at upholding her commitment as your employee.

[linaluigi22]

I don't get it why do you have her uptil now. You should get a new reliable assistant ASAP

[amberrose3dg]

Ive never called out sick from any job that much in my life. My last job I was in a car accident on my way to work where someone ran a light and hit me, totaling both cars, and I still made it to work that day. I had a tonsillectomy as an adult and only took 2 of the recommended 7 days off work. I once worked with a girl who was 7 months pregnant, had been diagnosed with having 14 kidney stones which couldn’t be removed while she was pregnant and even she still came to work as scheduled. Let her go and don’t feel the least bit guilty about it. She has failed miserably at upholding her commitment as your employee.

The first two call outs I was annoyed but sympathetic. That has quickly faded into replacement. I have a few interviews lined up.
I had cancer while pregnant with my 3 year old and only called off work once. I had to have a Hemmoroid removed and couldn't sit down.( office job and was 8 months pregnant so couldn't stand the whole time) I still worked from home. I went back to work 4 days after she was born and 2 weeks back after my cancer surgery. I have tried to explain these things and yet it is somehow lost on the fact she has a Drs note making it ok. I could walk into an urgent care right now and get a Drs note saying I need rest today, doesn't mean it is valid excuse not to work!
I plan to interview and replace asap.

[HappyEverAfter]

The first two call outs I was annoyed but sympathetic. That has quickly faded into replacement. I have a few interviews lined up.
I had cancer while pregnant with my 3 year old and only called off work once. I had to have a Hemmoroid removed and couldn't sit down.( office job and was 8 months pregnant so couldn't stand the whole time) I still worked from home. I went back to work 4 days after she was born and 2 weeks back after my cancer surgery. I have tried to explain these things and yet it is somehow lost on the fact she has a Drs note making it ok. I could walk into an urgent care right now and get a Drs note saying I need rest today, doesn't mean it is valid excuse not to work!
I plan to interview and replace asap.

Wow, with a work history like that, it’s a wonder you let her stay as long as you did. You’ve worked through what most never could tolerate and she can’t make it through a full week. I think you’ll be so much happier once you have an assistant that actually wants to work.

I don’t know if your state allows it, but I’ve had jobs before where when first started it was on a 90 day trial basis and meant that if during that 90 days I was underperforming, my employer could simply let me go and I wouldn’t be able to claim unemployment benefits because I was not an official employee yet. If I passed my 90 days I would then officially be considered a hired employee. Really helped to weed out the people who just wanted to get let go so they could get unemployment checks.

[Ariana]

You can collect unemployment insurance if you’ve been fired? In Canada you can’t. You habe to be laid off. That is just wrong!! What would stop anyone from doing this. Also if she has not worked much she wouldn’t have an EI to draw from. Don’t you need like 800 consustant hours? Thats how it is here anyway.

[amberrose3dg]

You can collect unemployment insurance if you’ve been fired? In Canada you can’t. You habe to be laid off. That is just wrong!! What would stop anyone from doing this. Also if she has not worked much she wouldn’t have an EI to draw from. Don’t you need like 800 consustant hours? Thats how it is here anyway.

No, I am pretty sure she will not qualify for unemployment. I also hired on a 90 day probation period. The issue is it is the same game with tons of people I call for phone interviews. My daughter is here filling in and I have a small group today. I have been making phone calls left and right to people who applied. They all seem to think if they have small children they can simply bring their kids to work for free or cheap(i have no openings for them to bring their children to work). Then there are the ones that think they are going to be paid at a higher rate than what is in the ad to which they applied to.

[Miss A]

No, I am pretty sure she will not qualify for unemployment.

You may want to double check. In my state, being fired is a qualification for collecting unemployment. Also look into your states employment termination laws. Here, if an employee is not given 3 written warnings, it is considered wrongful termination, and could land you in hot water. You definitely don't need any more trouble than she has already given ypu!

[Blackcat31]

I want some feedback as my assistant thinks I'm being unfair and not understanding

I stopped reading after the above statement.

YOU are the boss.
YOU make the rules
YOU enforce them

SHE agreed to work when scheduled
SHE agreed to be reliable
SHE agreed to be the employee

SHE has a right to feel you are being unfair.

YOU have the right to disagree.

yet.....

YOU are the boss.
YOU make the rules
YOU enforce them


I think you need to "call in" to her and simply tell her she no longer has a job.

If she wants "understanding" from you, tell her you are sorry it's short notice.

[Blackcat31]

You may want to double check. In my state, being fired is a qualification for collecting unemployment. Also look into your states employment termination laws. Here, if an employee is not given 3 written warnings, it is considered wrongful termination, and could land you in hot water. You definitely don't need any more trouble than she has already given ypu!

This is true but there are some guidlines

"Unemployment. People often think that only laid-off employees are eligible for these benefits. However, in most states, fired employees can collect too, as long as they weren't fired for intentional misconduct."

[Homebody]

You may want to double check. In my state, being fired is a qualification for collecting unemployment. Also look into your states employment termination laws. Here, if an employee is not given 3 written warnings, it is considered wrongful termination, and could land you in hot water. You definitely don't need any more trouble than she has already given ypu!

I agree with this in that you should check. In my state they will review your case if you are fired. If they find you have been wrongfully fired then you can collect unemployment. I would think that if she provides them with the doctors notes showing she was sick then there is a good chance she could collect.

[Blackcat31]

What If You Quit Your Job or Get Fired?
When you quit your job voluntarily or when you are fired from your job, circumstances can change. In the former case, you have the burden of proof, but the burden of proof will rest with your former employer if you are fired from your position. With the case of being fired, the employer will need to prove that you were fired due to misconduct before denying benefits, but this will not be a factor if it cannot be proven. If you quit, you will need to prove that your employer is the reason that you needed to quit your job.

Under West Virginia Unemployment Compensation Law, there are some special provisions that permit payment of benefits of unemployment compensation even when you voluntarily quit your job. This includes choosing to quit your job due to problems with your health, though you will need to have a statement from a doctor that says that you were personally affected by work, which aggravated or worsened the health problem. This also includes leaving a job to work for the most recent former employer within 14 days.

When filing for your claim, the Department of Commerce will need to obtain the facts that surround your reason for voluntarily leaving your job, which includes contacting your employer. The state will also issue a written decision to both you and the employer that your claim would affect; the decision will include whether or not you are eligible to receive monetary benefits for unemployment compensation. If either you or your employer disagree about the decision, you can both file an appeal.

For more information, go to: http://www.wvcommerce.org/business/w...te_claims.aspx

[Blackcat31]

She could use the health issues as reason.
Her Doctor (according to her) agrees.

[Mike]

Then there are the ones that think they are going to be paid at a higher rate than what is in the ad to which they applied to.

Aren't your advertised rates just starter rates? ::