Legal Question in Business Law in Florida

Terminating an Emplyee - Fear of Retailiation

I am a Manager in a large financuial services firm. One of my employees has a history (5 years) of poor performance and has received numerous written warnings.

A few of my other employees have told me/Human Resource that they are fearful of her in terms of retaliatory physical violence if they tell their supervisor (me) of her poor performance. My Human Resorces dep't feels that there isn't enough evidence for termination in that an actual threat by her is not clearly evident, and I should now write her up again for continued poor performance.

I would prefer to terminate her immediately, as I am also fearful of physical retalliation by her if the termination process drags on.

If I refuse to write her up again due to my fear, what recourse does my company have against me? That is, can I get fired for ''insubordination'', etc?


Asked on 3/25/04, 10:45 am

1 Answer from Attorneys

Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Terminating an Emplyee - Fear of Retailiation

If you fear physical harm, immediately advise your superiors and the police.

It seems after 5 years of writing, you should have writer's cramp. There must be other reasons why the employee is still there.

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Answered on 3/25/04, 1:22 pm


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