Sample Question - Employment at Will

QUESTION

We purchased an existing business, and agreed to continue the employment of the store manager that was an employee of the previous owners. This store manager has a great deal of experience and knowledge, but is not willing to accept most (well, okay, nearly ANY...) of the changes being made by us, the new owners. The changes have to do with the administration of the business, new policies, etc.  The employee is a great source of knowledge and experience, but has not turned out to be the store manager we had hoped he would be.  And therein lies the dilemma--

First of all, is Idaho a Right-to-Work state? And if not, how do we go about equitably replacing someone with some beneficial experience with someone who has less experience but more suitable skills?

ANSWER

I want to clarify one of the questions you asked yesterday. You asked if Idaho is a "Right to Work" state...I am assuming you mean an Employment at Will state as Right to work state is related to union security and bans any form of compulsory union membership. So - assuming this is correct - Yes, Idaho is an Employment at Will state (all states are but Montana).  Based on the information you gave here are my thoughts: 

* I don't think I would eliminate his position as it sounds like you will replace him. From a third party perspective that may look like a smoking gun.

* It sounds like he does have some good skills, but the job he is in may not be the best suited for his skills. It sounds like you are willing to create a job based on his skill set.

* Based on the above, the approach I would recommend would be:  

Sit down with him, recognize that he has been working with you and the changes. I would ask him how he feels things are going - is he liking what he is doing? how does he feel about the changes? This will give you an idea of where he is at with things. If he seems frustrated or unhappy I might mention this after he answers. Based on his answer, I would begin to mention that you have a few concerns - i.e. attention to detail, organizational skills etc. I would explain how these skills are critical to the job etc. I would then go into where his strengths are and tell him that you were thinking about creating a job that you think he would be very good at....the sales job. I would get a feel for how he feels about it. If positive - great make plans to move him. If not - I would tell him that you are going to observe and give him time to improve but if it doesn't improve that you'll have to take the next steps - i.e. discipline, remove from the position etc. I would give him a time frame and monitor his progress.

* Depending how the conversation goes, I might put together a letter to him documenting the conversation and expectations. E- HResources would be happy to assist you with this if you decide it is necessary. Either way, keep management notes in case they are needed later.

* The bottom line is you can terminate him but I think working with him or creating another position that he is willing to move into would be the best case scenarios.

Disclaimer: The recommendations and opinions provided by e-HResources.com, LLC are based on general human resource management fundamentals, practices and principles, and are not legal opinions or guaranteed outcomes. We strongly recommend, as part of a team approach to management, that clients consult with legal counsel of their choice to address legal concerns related to human resource issues