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lancelotarnold

Additional Consequences & Problem Employees

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Additional consequences

Some fired employees may face additional consequences besides their dismissal. This may occur when the reason for the termination is a violation of criminal law, or if serious damages are caused to the employer as a result of the employee's actions. Such ex-employees may face criminal prosecution, a civil lawsuit, or a reporting to a database of those who have engaged in serious misconduct in such a position, so that the chances of ever obtaining a similar position with another employer are less likely (blacklisting). Some examples are a caregiver who engages in abuse, a bank teller who has stolen money from the cash drawer, or a member of law enforcement who has committed police brutality.

For the most serious violations, especially when the employer's security may be at risk from the employee in question, a guard or officer may escort a fired employee from the workplace to the parking lot upon their dismissal. Such actions are often taken by government offices or large corporations that contain sensitive materials, and where the risk exists that the terminated employee may remove some of these materials or otherwise steal trade secrets in order to retaliate against the employer or use it to the advantage of a competing enterprise.

Problem employees

Though many employers would like to get rid of their "problem employees", some employers are reluctant to fire those who one would expect would be deserving of termination. There are many reasons for this, which may include:[8] Some positions may be hard to fill. This may be the case with a rare skilled position, or with certain low-wage jobs that are generally unattractive, where finding applicants is difficult. A person who has unusual skills, or who is doing a job that is considered undesirable, such as cleaning sewage from pipes may be hard to replace. As such, a person in this position may be retained even if they have absenteeism or conduct problems.

Another reason that bosses do not fire some problem employees is from a fear of retaliation. Sometimes the employer must be concerned about various types of action the ex-employee may take against the company, such as filing a wrongful termination suit: The terminated employee may take legal action in response to the firing. While laws vary in each country and jurisdiction, many employers keep extensive documentation of disciplinary action, evaluations, attendance records, and correspondence from supervisors, co-workers and customers in order to defend themselves in the event of such a suit. Additionally, the at-will employment contract, where the law permits, allows the employer to dismiss employees without having to provide a reason, though this has sometimes been challenged in court. As well, the employer may be concerned that the employee could make a negative report to public: by divulging things about the company to others, thereby hurting their business; or that the employee may disclose trade secrets: An ex-employee may remove materials or divulge confidential information from the former employer and use it with another employer or in an independent business.

Some employers may be afraid that a worker may make a report to law enforcement, in the event that the employer's practices are illegal to the law. Other fears include the risk of sabotage by damaging machinery, erasing computer files, or shredding documents; or even violence; In some most extreme cases, fired employees have attacked or even killed their former employers or the staff at their old company or organization, sometimes known in slang as "going postal." In some cases, this has occurred several months or years after termination. Some employers terminate their staff off-site to avoid these issues, or they ban any terminated staff on their premises.

Other reasons include:

Unemployment insurance costs: In the United States and some other countries, such benefits are financed by employers. A firm's unemployment costs increase with each worker laid off or fired.
Relationship: The problem employee may have a special relationship with the boss, which is not necessarily romantic, but the employee may be a family member or close friend, or the employee may provide other needed connections for the employer.
Dependence on the employee: Despite the hardships the employee brings to the organization, the employer may find the employee useful in other ways. The employee may hold some rare knowledge or skill that is not easily replaceable.
Sympathy: A sympathetic boss may feel bad about firing an employee.
Culture: In some cultures, it is against the values of the employer to fire a long-serving, hard-working employee, even during an economic downturn (e.g., in Japan).

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