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  #1  
Old 02-01-2018, 09:04 AM
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Default Need Major Advice About My Assistant

I want some feedback as my assistant thinks I'm being unfair and not understanding with her recent call offs. There have been a lot and I feel that in this job being reliable is number one. You do not call off each time you feel a little off.

She was hired in the middle of October and was excellent with showing up on time and doing a good job until January.
I was closed January 1st and second. She only had to work 3 days the first week of January.
Second week she called off Wednesday the 10th and the 11th. No real illness diagnosed and did come with a drs note.
The following week she called off Wednesday for snow on the 17th. ( it wasn't bad i was still open) Friday the 19th she claimed to have a stomach bug.
I ended up with pneumonia and was hospitalized the following week and was closed for 3 days. I reopened Thursday and Friday she worked and only had two children in care those days as parents wanted to give me a break.
Monday she comes in to work and works a normal full day. Tuesday calls off at 710am when i had to be at my sons school that day and she was scheduled to be here at 745. Her stomach bothered her. Then says she also needs Wednesday to rest and her dr thinks she isnt getting enough time to rest. Promised to be here today and texts me 10 minutes before her shift shes being tested for the flu. No surprise that and strep throat come back negative.
So in all this time off nothing really wrong. No flu, strep, etc...
Ladies please tell me being extremely upset and wanting to let her go is the right response. I am an understanding person but this is now 6 sick days and 1 snow since January 10th . Basically in 3 weeks she has missed 7 days when there was 17 work days. This is even counting the day off for martin luther king and my sick days which she did not work so if you are technical she has only worked 13 and called off 7.
She is going into a rant how she is really sick and not sure what is going on and at her last job they only give you 1 point if you missed more than 3 of 4 days in a row.
I do not know any job that would of let me call off this much in 3 weeks and still have a job. The drs notes are a moot point because she didnt have an illness just her crazy self going and getting one.( I am starting to think it is a mental issue)
I told her she could come back on Monday but if she calls off at all for anything other than a seriously illness I will terminate immediately. I do not even want to give her that but I know she will fail and I will fire her.
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Old 02-01-2018, 09:10 AM
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I would terminate immediately. Even if she is really this sick this much it is not your problem to support her in her recovery. It is your job to support yourself and your business. She needs a different employer.
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Old 02-01-2018, 09:11 AM
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Nope. No way. She isn't reliable enough to work in this field.
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Old 02-01-2018, 09:13 AM
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If it were me I would have to let her go. Reliability is essential in this business. Does her absence throw off your ratios? That's just one of many concerns I'd have.

Do you think she could possibly be pregnant & afraid to tell you? That's the only time I have ever called off frequently (had serious health concerns) & that was my first thought with her stomach problems. Not that it would change the outcome, but at least it would make more sense if something is really going on.

I think you're justified in letting her go.
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Old 02-01-2018, 09:15 AM
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Originally Posted by daycarediva View Post
Nope. No way. She isn't reliable enough to work in this field.
Thanks that is what I thought. I point blank told her my parents would all leave if i closed as much as she has called off. I have ratios to meet. I had to send two infants home today because I had no help. My oldest can sub from time to time but has to work a 12 hour shift. I can guarantee they will be looking for another daycare. I have never taken that much time off sick in a year let alone a 3 week period. She has not worked a week straight since Christmas.
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Old 02-01-2018, 09:19 AM
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Originally Posted by amberrose3dg View Post
Thanks that is what I thought. I point blank told her my parents would all leave if i closed as much as she has called off. I have ratios to meet. I had to send two infants home today because I had no help. My oldest can sub from time to time but has to work a 12 hour shift. I can guarantee they will be looking for another daycare. I have never taken that much time off sick in a year let alone a 3 week period. She has not worked a week straight since Christmas.
I would explain the situation to your daycare parents, and if you ARE replacing her, tell them your plan. If you aren't, I would be giving her AND my families notice at the same time.

That stinks!!!
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Old 02-01-2018, 09:22 AM
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Originally Posted by daycarediva View Post
I would explain the situation to your daycare parents, and if you ARE replacing her, tell them your plan. If you aren't, I would be giving her AND my families notice at the same time.

That stinks!!!
Yes!!! I'd explain to my families & possibly consider a payment adjustment for the week in an effort to smooth things over. Let them know your plans so you don't lose them.
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Old 02-01-2018, 10:12 AM
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I would let her go. I would not allow her "sick days"or doctor visits come into the conversation.

It would simply be....

"Per licensing my needs are an assistant every scheduled day and when I fall below that, it is putting both my license and the success of my business in jeopardy. This is something I am not able or willing to do. At this time I will no longer need your assistance as I need to find someone who is able to meet my needs. Her is your check for the last week of your services. I would rather you not list me as an employment reference."
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Old 02-01-2018, 10:27 AM
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I have not taken 6 sick days in my entire career. You are not being unfair.
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Old 02-01-2018, 10:35 AM
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So she made it through the 90 day new hire period, earns at least minimum wage and is heading to termination "through no fault of her own" in West Virginia?

http://www.wvcommerce.org/app_media/...its_Poster.pdf

Has she has unemployment benefits before?
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Old 02-01-2018, 10:46 AM
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Well, I think you know what you need to do to run a successful business and just want reinsurance. So you got it. Fire her. I bet there is someone out there who would like to work for you. ( if you are giving that much time off, sign me up!) You are running a business and there is usually a 90 day probationary period in most places. Poor attendance is grounds for termination. (Unless it is a child and you get paid anyways lol )

FIRE AWAY
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Old 02-01-2018, 10:57 AM
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Originally Posted by LostMyMarbles View Post
Well, I think you know what you need to do to run a successful business and just want reinsurance. So you got it. Fire her. I bet there is someone out there who would like to work for you. ( if you are giving that much time off, sign me up!) You are running a business and there is usually a 90 day probationary period in most places. Poor attendance is grounds for termination. (Unless it is a child and you get paid anyways lol )

FIRE AWAY
Thanks.
One of my daycare parents recommended her neighbor a stay at home mom(kids are in school). I also have had several resumes since posting a job listing on indeed today.
Of course the kids are being real difficult today. So glad it is almost Friday.
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Old 02-01-2018, 11:50 AM
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This is not acceptable. I would be terminating now rather than giving her yet another chance. You have state regs and regulations to comply with. I would be looking to replace immediately or looking at dropping your numbers and not having an assistant at all. Iíve never called off any job that many days ever, let alone in one month.
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Old 02-01-2018, 12:02 PM
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Quote:
Originally Posted by CityGarden View Post
I would let her go. I would not allow her "sick days"or doctor visits come into the conversation.

It would simply be....

"Per licensing my needs are an assistant every scheduled day and when I fall below that, it is putting both my license and the success of my business in jeopardy. This is something I am not able or willing to do. At this time I will no longer need your assistance as I need to find someone who is able to meet my needs. Her is your check for the last week of your services. I would rather you not list me as an employment reference."
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..
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Old 02-01-2018, 12:03 PM
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Originally Posted by storybookending View Post
This is not acceptable. I would be terminating now rather than giving her yet another chance. You have state regs and regulations to comply with. I would be looking to replace immediately or looking at dropping your numbers and not having an assistant at all. Iíve never called off any job that many days ever, let alone in one month.
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.
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Old 02-01-2018, 12:08 PM
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Originally Posted by amberrose3dg View Post
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..
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Old 02-01-2018, 12:13 PM
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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.
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Old 02-01-2018, 08:15 PM
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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 couldnít be removed while she was pregnant and even she still came to work as scheduled. Let her go and donít feel the least bit guilty about it. She has failed miserably at upholding her commitment as your employee.
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Old 02-01-2018, 10:36 PM
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I don't get it why do you have her uptil now. You should get a new reliable assistant ASAP
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Old 02-02-2018, 02:55 AM
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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 couldnít be removed while she was pregnant and even she still came to work as scheduled. Let her go and donít 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.
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Old 02-02-2018, 05:57 AM
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Originally Posted by amberrose3dg View Post
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, itís a wonder you let her stay as long as you did. Youíve worked through what most never could tolerate and she canít make it through a full week. I think youíll be so much happier once you have an assistant that actually wants to work.

I donít know if your state allows it, but Iíve 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 wouldnít 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.
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Old 02-02-2018, 06:23 AM
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You can collect unemployment insurance if youíve been fired? In Canada you canít. 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 wouldnít have an EI to draw from. Donít you need like 800 consustant hours? Thats how it is here anyway.
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Old 02-02-2018, 06:49 AM
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You can collect unemployment insurance if youíve been fired? In Canada you canít. 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 wouldnít have an EI to draw from. Donít 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.
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Old 02-02-2018, 06:58 AM
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Originally Posted by amberrose3dg View Post
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!
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Old 02-02-2018, 07:03 AM
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Originally Posted by amberrose3dg View Post
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.
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Old 02-02-2018, 07:05 AM
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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."
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Old 02-02-2018, 07:16 AM
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Originally Posted by Miss A View Post
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.
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Old 02-02-2018, 07:23 AM
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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
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Old 02-02-2018, 07:24 AM
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She could use the health issues as reason.
Her Doctor (according to her) agrees.
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Old 02-02-2018, 08:10 AM
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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?
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Old 04-16-2018, 02:21 PM
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Can I jump in this thread with a similar question for some advice?

Employee hired, 2nd day of work (Monday), calls out sick. Comes in Tuesday, just a body here for ratio requirements, but functionally, is not helpful. Comes in Wednesday, better. Calls out Thursday, flat tire. I express concerns to her about being here and being reliable and how important ratios are, etc.

Calls out next Monday, feeling pain and ill. Turns out cysts on ovaries, ok, I get it. Painful. Comes in the rest of the week, still just a body for ratios, but not helpful.

Today, calls out sick due to a cold. Uhhh, a cold? We all get colds, we work with children. I ask her to come in until I can get coverage (I have to take my kids to school so I need two bodies here while I am out), when I return, I tell her to go and I am here covering. Can't do my food order or any other office work like I planned for today.

Has only been employed one month and has already called out 4 times.

I live in California. We are an at-will state. She has not passed 90 day probation. Thoughts? Terminate or put on a PIP?
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Old 04-16-2018, 06:28 PM
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Not a good fit (unreliable and not helpful when there)...sounds easy
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Old 04-17-2018, 04:03 AM
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Originally Posted by Ms. Alison View Post
Can I jump in this thread with a similar question for some advice?

Employee hired, 2nd day of work (Monday), calls out sick. Comes in Tuesday, just a body here for ratio requirements, but functionally, is not helpful. Comes in Wednesday, better. Calls out Thursday, flat tire. I express concerns to her about being here and being reliable and how important ratios are, etc.

Calls out next Monday, feeling pain and ill. Turns out cysts on ovaries, ok, I get it. Painful. Comes in the rest of the week, still just a body for ratios, but not helpful.

Today, calls out sick due to a cold. Uhhh, a cold? We all get colds, we work with children. I ask her to come in until I can get coverage (I have to take my kids to school so I need two bodies here while I am out), when I return, I tell her to go and I am here covering. Can't do my food order or any other office work like I planned for today.

Has only been employed one month and has already called out 4 times.

I live in California. We are an at-will state. She has not passed 90 day probation. Thoughts? Terminate or put on a PIP?
After what I been through with my assistants I can tell you start looking for someone asap. I would not let them get to the 90 day point. That is a lot of calling off.
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