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August 9, 2009I have 6 employees and wanted to get a pic of all so that I could use it in a commercial spot. This particular employee stood everyone up this morning by not showing up for the shoot. I rescheduled it for 1, and he stopped by the office while I was gone to lunch and my secretary explained to him the importance of him being here because we are a team unit. He was very rude to her and said, “What’s he gonna do, fire me?” in front of several other employees. I did not email him his work for tomorrow and he called. I explained that the picture was mandantory and he needed to participate, or else bring his keys and personal items to work. He asked if I was firing him, and I left it that I assumed by his not participating that he was throwing in the towel, as he has been on a downward slump for several months bragging about how little he does to other employees and telling him that he hopes he gets fired so he can draw unemployment. What do you make of this as far as an unemployment claim?
I appreciate all of the response. I have decided to write him and explain that I understand his right to refuse to be photographed, and that he may continue to have his job. I also appreciate all of the excellent advice on the proper way to follow this up to protect my own interest. Thanks!
Horaayy..there are 26 comment(s) for me so far ;)
Not legit.
Fire his ass
He was entirely within his rights not to be involved in a commercial shoot.
However it sounds like he’s an immature dickwit, so do what you want.
Suspend him without pay for a month
WOW! he sounds like a jerk. someone who is useless and costs tax payers a lot of money. HOW ANNOYING!!! Just fire the jerk and hire someone who is actually a team player.
ask them whyy & thenn just dont use them plain in simple or have someone else do there part
He can probably get unemployment if he files for it. He can also slap a lawsuit on you if he didnt sign anything agreeing to be in these photos or if he had a valid medical or other reason for not participating with the photo op.
I’d worry more that your thinking of firing him over a photo… Just Stupid. Plain stupid!
people have done crazier things to try and get unemployment but u as the employer have the right to deny him his unemployment just check with the local unemployment office
I’d fire him but I’d make sure it isn’t about a photo shoot
You do not own his image unless specific contractual ageements have been signed
Unless that has happened and he is in breach of contract then I do not see how you can order him or anyone to have his picture or image used for the corperation
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Not a lawyer - or even close to one -
In fact I have never even lived beside one
You can do this ..he failed to show up for a job assignment…failer to do this can deny hm unemployment benifits…if i was you take the pic with out him..cut his hours …make to where he isnt doing his job proprley, and efficently..he comes back from breaks and lunch to late..get everything in writing . from your secretary..
also get everything in writing.ands if any witnesses saw/heard what he said is also grounds for him not getting unemployment
Well, if you fire him, he is unemployed. And where does it say that employees are required to be photographed and presented to the broadcast and print public. Some people like it and you don’t say what business is involved, but if you are sending work by e-mail, it sounds like a job with little exposure to the public in a broad way.
I realize it takes a bit of imagination but I can think of former co-workers, relatives, or people he owes money that might have threatened him or gang members in an old neighborhood.
You might want to get the other employees to sign a public relations release (model’s release) before you make assumptions about their willingness and your liability in using their images.
Being in a commercial spot is NOT a part of his daily job responsibilities, so how can you fire him? In fact, it is a violation of his privacy rights for you to force him to be in a commercial spot. You need to make sure you are not in violation of your employee’s rights. Your attempt to “show him who’s boss” may backfire in your face….
He is within his right to refuse..but you are within your right to fire him for his insolence…but be careful you could be facing the labor board if he can prove you fired him because of refusal to be photographed for a commercial! About Unemployment ..if you can prove sub standard work ethics he cant collect unemployment,, write him up a few times then fire him.. with documentation you can keep him from collecting!
also if you can get the employees to (in there own words / handwriting) put down what he has been saying it would also help your case!
The claim he might make has nothing to do with you after the event.
However if he had an objection to doing the photo shoot he could and should have made an objection prior to the thing and saved people inconvenience. He is however not obliged to do such a shoot under his contract of employment - most likely, if you proceed as you obviously plan to, and take it he has ‘resigned’ then he will sue you for wrongful dismissal and he will win.
let it go before he gets an attorney, department of labor loves these cases.
If the photo was work related and compensated and he did not show up two times…it should be considered he was a no show/no call and that is grounds for termination without unemployment benefits.
You can’t really fire him for not letting you take his photo, but you can for insolent behavior and insubordinance. I wouldn’t ever let a jerk like him work under me.
why would you force your staff to participate in a photo anyway? Maybe he doesn’t care to have his picture plastered all over advertising for your company. I most certainly wouldn’t want my picture out there - there are people I would much rather not know where I work or how to find me.
If you fire him, don’t make it because of the photo issue, it needs to be his lack of performance. If you have enough “evidence” that he is not doing his job then you can proceed. First you have to have a meeting with him and formally write him up for his performance (or lack of). This should state that it is putting him on probation, so to speak, and if he doesn’t improve, he will be terminated. Maybe there is something that he doesn’t like that could be changed to improve his attitude at work. Try to get him involved in coming up with ways to make his work life better.
If you fire him over the photo, you leave yourself open to a wrongful termination suit.
Unless he signed a contract with you stating that you have the right to use him in commercial advertising material, then you have no claim against him for not wanting to be in the shoot.
however….
He sounds really immature, and self centered. Don’t fire him, suspend him for an undisclosed period of time, and then he’ll eventually quit when he sees no money is comming in.
Good luck!
You cannot terminate your employee for failure to appear in marketing materials. You do not own the right to his image, and can’t force him to do this as a condition of employment. That being said, he was not terminated for just cause and will probably be awarded UC. However, depending on your right to work/state laws may vary. If you want to be rid of this person, you must have a just cause, such as insubordination, paired with any violation of company policy including being 1 minute late to work. You could write him up for failing to appear as required for a meeting. Lots of avenues here to explore. Get out your handbook, or policy statements and use your imagination. If you really want to find a violation, you probably could for most anyone.
DID HE SIGN AGREEMENT WHEN HIRED THAT HE MAY BE USED IN ANY COMMERCIALS?IF NOT, HE HAS ALL RIGHTS NOT TO PARTICIPATE IN ANY PHOTO SHUTS.
If U FIRE HIM BECAUSE OF THIS ISSUE , HE WILL GET UNEMPLOYMENT FOR SURE AND THE COMPANY PAYS FOR IT.
this is the person that you want to represent your business. you should have paid him a bonus for not showing up.
sounds to me like time for the old random drug test.
FORCE work on him….stand over him to see that it gets done. He’ll either work or he’ll quit fast and lose unemployment. Either way, you win.
I think you have a problem, if he is being fired for not wanting to be involved in a photo shoot he will be able to draw unemployment, and perhaps have a legal issue with your company. Has he ever signed a contract stating that he is required to take part in advertisement promotions? Is having his photo taken for such purposes part of his job description? If not, you may want to offer his job back right away.
First, have you written him up for his “downward slump” as you call it?
Second, have you stated in writing your expected results on a daily, weekly or monthly basis of his performance?
Third…DID YOU in writing EXPECT him to be available for any commercial advertising during his employment?
I didn’t think so….
What have you got to stand on?
You MUST provide something….
Downward slump….another phrase meaning “you pixxed me off and now I don’t want to look at you anymore”
Give him his unemployment….your boss will pay for it.
Kissing the boss’s ****…it’s the ONLY way to get ahead anymore…PERFORMANCE of your work, it doesn’t matter…Being EFFECTIVE in your work…doesn’t matter….MAKING the Boss MONEY….it doesn’t matter…
What’s this world coming to?
You should check with a lawyer in your state. It is unlikely that he has the right not to be photographed under the “at will” doctrine in the U.S. However, there may be some case law to the contrary in your state.In general you can fire they guy simply because you wanted to have the experience of firing someone — just as long as you don’t do so in violation of the exceptions to at will employment in effect in your state (e.g. discrimination, whistle blowing).
However, if you fire someone because you just feel like it, he’s going to be able to collect unemployment and drive up your rates.
The facts suggest that a termination with cause is in order here.
A lawyer could help you built a “with cause” file to document a termination with cause. Be sure to document every bad act you have up to this point. When you go to the lawyer, be ready to say “ON may 1, 2007, he said this and A, B, and C heard it.”