Disgruntled Ex-employee

Status
Not open for further replies.

VictorE

Member
Joined
May 7, 2008
Messages
2
A while back I was involved in somewhat of a scary situation with a disgruntled ex-employee. I am curious as to how others would have proceeded, especially if they had a CCW at the time (which I did not). I have not read many stories like this here (although I have only been lurking for a few months), but I think it is definitely within the realm of possibility that others could encounter something similar.

The situation involved an employee of mine that was given several disciplinary warnings for poor job performance and bad behavior. At each of these disciplinary meetings, the employee was very argumentative and accusatory. I did not engage the employee in the arguments and did my best to try to steer the discussion back to the employee’s action. When the employee did not heed any of the warnings, I consulted legal counsel and made the decision to fire the employee.

I typically ask one other manager to sit in on a firing as a witness. Given my previous dealings with this employee, I asked two managers to sit in on the termination. I did not expect things to happen as they did, but I also knew there was a chance the employee would not passively accept being fired. As soon as I told the employee he was being terminated, he got in my face and started yelling and making threats. He also made threats against the two managers in the room. I stayed seated and tried not to escalate the situation. Unfortunately, the situation did escalate when the employee told us that he had a gun in his car that he was going to go get so that he could come back and kill me. As soon as he said this, I told one of the managers to call 911.

The employee walked out to leave the building while the other manager and I watched from a distance. As the employee left the building, he continued to make threats. This was all happening very quickly and I was starting to panic because we could not get the door locked and I could see the employee go to his car and start heading back towards the building. I told the other employees in the area what is going on and that they should get away from the door. As the employee came bursting back through the door, I was out in the open as were the other manager and a few employees.

I never saw a gun. The employee just continued his tirade, demanded some money, and left. If the employee was serious about his threats, this likely would have been game over for me and perhaps others.

The police show up about 10-15 minutes later. I consider this to be a pretty poor showing since this happened in fairly decent-sized city. If the threats would have been real, the police would have made it just in time for the cleanup operation (maybe this was intentional or perhaps they don't consider this a high priority call).

Later that day, I was talking to one of the managers involved in the termination when the ex-employee and his brother approached us demanding money. During their visit, the police told us that the ex-employee’s brother had gang affiliations. The manager and I were not in a good spot since we were isolated alone in one part of the building. I tell the ex-employee to wait for a minute while I go get the check. I do not feel good leaving the manager alone, but it would only make sense for me to get the check. Of course, I go immediately to a phone to call 911. Fortunately, the ex-employee and his brother leave soon after I walk off.

This employee continued his harassment for several weeks calling and driving by the business. Eventually, I heard that he landed another job, got fired, and found someone else to harassment.

Perhaps the guy is nothing more than a bully. However, this situation could have gone very, very badly for me. I definitely felt very powerless during the encounter, especially when the employee came back through the door. I am interested to hear any thoughts you have on how this situation could have been better handled. As I mentioned earlier, I am also interested to hear how you would have acted if you had a CCW.
 
I wouldn't have done anything any different than you did...I understand that it was a "tense" situation...but sometimes you just gotta let people "blow off some steam"...I been blowing off steam at work for a few weeks now...not because I was fired...just because now is a REALLY bad time to be a truck driver.
 
it really depends on your state and your company... if you are the owner or are allowed to carry at work, then it rides on state law... some states would call what he did a violent crime... he threatened violence... and in today's world, what he said about having a gun in the car would be called a "terroristic threat"... since he threatened violence and demanded money there are some states that would call that robbery and you would be justified in at least drawing down on the guy...

me, i would be most concerned about the slow police response time... i would request a meeting with the PD chief or sheriff as a concerned business owner in the community and express your concerns to that person...
 
some of my employees are or were gang members. or have a boyfriend in a gang. correct me if i'm wrong, gangs usually don't shoot non gang people.

anyways, we had one ex gang member try to pick fights on our managers and driver for superficial reasons. when we fired him, he did not cause trouble. most of our employees realize that we are within our right to fire. although, the fast food restaurant isn't the most sought after job anyway. we never directly accuse someone of anything. we tell them as though we have no choice but to fire. we use the words "let go" instead of "fire".

i feel that when employees want to get revenge, they do it by doing an inside job, like robbery, burglary, theft. especially since fast food has cash flow.

to tell everyone that your coming back with a gun seems foolish and unrealistic scenario to fulfill. now, that he has made himself known, everyone will know who to suspect if there is a robbery, etc.

i don't know what kind of business you are in. if you see alot of cash flow, keep a watch out for burglary or robbery.
 
i fired an employee once that got irate and grabbed me by my shirt collar while making threats. i broke his jaw in three place's.he was still sitting in the floor crying when the police came an hauled him away.
 
To me when he re-entered the building he would have had his *** whipped right there... If it were me and i had no firearm and hearing what was said and knowing he was a hot head wether i saw a gun or not on re-entry he would have been put down and hard... Telling me you got a gun in the car and are going to get it and kill me and then going to the car and returning would make me think thats what your intentions are and ill not go down without fighting for my life... My life means more to me than anyone elses in this situation cause i have a wife and family and ill be dam if i go down without trying to make it home that night...
When the cops showed they would either be stuffing me in a bag from trying to fight and getting shot or they would be cuffing him to a gurney to follow to the ER to get all his broken bones fixed....
Something like that you cant take with a grain of salt...
And if you/i were armed it would be IN MY HAND hidden behind my leg ready to rock... To some they may think my feelings are stupid or wayyyy off base but i have a intense desire to kiss my wife and daughter hello in the evening and to put them to bed at night.... And when i was married i said til death do we part... But i aint gonna let someone else make that decision on when we part except for me and and God
 
As soon as I told the employee he was being terminated, he got in my face and started yelling and making threats. He also made threats against the two managers in the room.

Sounds like a great guy. I take it he didn't ask you for a reference check for his next job?

some of my employees are or were gang members. or have a boyfriend in a gang. correct me if i'm wrong, gangs usually don't shoot non gang people

I take you guys aren't a stock broker firm. :confused: And yes, gangs use violence against non-gang members. If anything, they are probably more aggressive with regular people. Its not like the mafia from the 30's where they wouldn't harm "civilians." :rolleyes:


This was all happening very quickly and I was starting to panic because we could not get the door locked and I could see the employee go to his car and start heading back towards the building. I told the other employees in the area what is going on and that they should get away from the door. As the employee came bursting back through the door, I was out in the open as were the other manager and a few employees.

This is where I may have done this differently. The guy says he is getting a gun from his car. He goes to his car and comes charging back in. At this point I am assuming he is armed (possibly concealing). Had he burst back in and began playing "Doom" in your office, you would have just been another CNN story about a work place shooting. If I were you, I may have considered using physical force to neutralize him at this point (considering you couldn't lock the door and there was a strong possibility of him being armed).

I know everyone here has different levels of physical fitness and fighting skill, but I think it would have been both reasonable and logical to jump this guy (overwhelm him) and restrain him until police showed up.

I know you are going to say "but then he may have gotten really mad!" But you took a huge chance (and put everyone at his mercy) by allowing to come back in the building after he clearly explained he was retrieving his gun (a terroristic threat). At that point he was a clear and present danger, and allowing him re-enter and simply hope for the best was irresponsible.

In conclusion, you did your best, you lived, he moved on and advanced in his career- so good job. Don't take my Monday-morning-quarterbacking too harshly, just throwing in my 2 cents. ;)



TERRORISTIC THREAT
A terroristic threat is a crime generally involving a threat to commit violence communicated with the intent to terrorize another, to cause evacuation of a building, or to cause serious public inconvenience, in reckless disregard of the risk of causing such terror or inconvenience. It may mean an offense against property or involving danger to another person that may include but is not limited to recklessly endangering another person, harassment, stalking, ethnic intimidation, and criminal mischief.
 
If possible I would have had the police there when I fired the guy.That would have rendered every other question moot, " Bob your performance of late hasn't been measuring up. We're letting you go, officer friendly here will escort you to your car after you clean out your desk. here's your last check. You will be charged W/ tresspassing if you set foot on company property again." Done deal no insanity, no drama.

Given the situation you have, as a permit holder the ex-employee would have been looking down the barrel of my gun as soon as he hit the door coming back in.

PS if a pissed off employee is "disgruntled" is a happy employee "gruntled"?
 
My two cents:

A. Obviously, have a gun! Get one and have it on you, even if it means breaking the company rules, if you are in a position where you have to fire people. This can and probably will happen again in the future, sooner or later. Better judged by 12 than......

B. Be as polite as possible when doing this difficult job of firing - sounds like you already did very well at this.

C. If he made threats to KILL, that is likely a crime. A police report should be made. He should be arrested and charged.
 
RRRUUUNNN - "correct me if i'm wrong, gangs usually don't shoot non gang people."

Maybe not in Texas... but they surely do in Los Angeles, California, where I lived for 35 years.

Consider yourself "corrected." :)

L.W.
 
Next time something like this happens, when you call 911, tell them you have a gun also even if you don't, they seem to respond a lot faster when it sounds like more than one person will be shooting.
 
Fix that lock, or install a new lock that you can lock quickly.

Not being able to lock the doors was a major problem, IMO.
 
Baaaaad Ju-Ju

QUOTE:"tell them you have a gun also even if you don't, they seem to respond a lot faster when it sounds like more than one person will be shooting."

That's gotta be the WORST advice I've ever heard on THR.

What do you suppose the cops are gonna do when the find out you lied? Or do you think they'd only send 1 car to that they think is a gunfight in progress
 
Last edited:
Fix the lock.
Get a permit. (if applicable)
Carry your gun.
Don't react to threats...ACT
 
I know that this is going to sound like the cowards way of doing things, but it forces the person who has been fired to take at a least a short cooling off period.

This is the way most of the larger corporations handle firing someone around here.

Send the employee home for the day with pay. Yeah you lose a little that way, but the person is gone. Then call the employee later and explain that it has been decided that he is no longer needed. Mail him his final check. If the employee has anything that he needs to come and get, have him make an appointment to retrieve it and have the local PD, or sheriff on the premises when the employee shows up. The local cops don't like it, but if you tell them you expect trouble they will usually do it.

I'm not now suggesting, nor would I ever suggest, that you set yourself up unarmed to be a victim. If the guy opens fire, be ready, but remember, as a business you have a lot more to lose if you are the one who has to shoot somebody. Even if you win a law suit the legal fees can bankrupt you. The more evidence you have that you did everything you could to prevent an incident the better if it does go to court though.
 
I'm sure that a lot of Monday Morning Quarterbacks will tell you what you
shoulda, woulda, coulda done. I think you did fine. You lived to fight another
day.
 
QUOTE: "Actually I call it being sarcastic... it was NOT meant to be advice."

My apologies iit's hard to tell when someone's being sarcastic in print.

+ 1 on Sato's idea I worked for a company here in Colorado that had a standard practice of suspending the terminated employee for 4 days, then calling them on the third day to let them know they're fired. The drawback of course was that the practice was so standard that everybody knew what it meant. When it happened to me I was actually able to find a new job before my "suspension" was up. I just wish I could have seen the manager's face when I told him I wouldn't be able to turn in my uniform till after I got off work.
 
The police show up about 10-15 minutes later. I consider this to be a pretty poor showing since this happened in fairly decent-sized city.
I would consider it pretty typical.
 
How many employees do you have? You could look into one of those RFID badge readers for building access. Then you just delete his access before the meeting.

Other options:
- Schedule an offsite meeting with the employee and your witnesses to conduct the termination.
- Hire a security guard for one day to be there during the termination.
- Have some pepper spray available
 
The police show up about 10-15 minutes later. I consider this to be a pretty poor showing since this happened in fairly decent-sized city. If the threats would have been real, the police would have made it just in time for the cleanup operation (maybe this was intentional or perhaps they don't consider this a high priority call).

I think you did fine except for the above statement which is simply stupid.

I'm sure you were under a great deal of stress and felt left hanging in the wind, but as you say, you live in a large city. There are never enough officers to respond to all the calls that come in.

As another poster mentioned, in the future with employees like this, you can have PD show up for a "keep the peace" call. They can stand by while you terminate his butt.
 
Was the entrance door glass and/or were there windows the nut-job could shoot through. If either were the case, I think retreat was the only option. If locking the door was not going to prevent nut-job from slinging lead at you, it probably would only have served to slow him down. You and the other employees should have run like spooked rabbits for better defensible positions. Consider drawing up a plan and discussing w/ employees in case of future such incidents. Obviously, it would be best if the plan could not be used against you by someone familiar w/ the plan. Congratulations; you are still alive.

jfountain2 said:
Next time something like this happens, when you call 911, tell them you have a gun also even if you don't, they seem to respond a lot faster when it sounds like more than one person will be shooting.
IMO that is not good advice. In addition, I hate dishonesty.
 
Status
Not open for further replies.
Back
Top