Hello my name is ***** ***** I am happy to help you today. Why have you let her go?
Attitude and not willing to discuss problem except on her own terms.
Ok when did this happen?
Ongoing but culminated a few months ago
I must accept partial culpability in that I hate to face confrontation and instead internalize things which, of course, is bad for one's health. I felt that for both our sakes a separation was due.
Is she still working for you and if not when was the last day she worked?
She was terminated about a month ago
Ok thanks, ***** ***** hold a disciplinary hearing of any sort? and has she asked for a payment?
Disciplinary hearing? I don't understand. No, she has not asked for payment
Ok no problem. Did she only work for you as she was full time?
In a sense, she fired herself. Although I hate verbal confrontation I don't mind written confrontation. I wrote my concerns to her including the fact that she is a hoarder and does not treat her apartments which I furnish in an acceptable manor. She wrote back that I was amongst other things "mean spirited". I wrote back to say that I was sure she would not want to work for someone who was mean spirited nor did I wish to have someone working for me who FELT I was mean spirited. Yes, she worked only for me.
Ok it is likely for employment law purposes that she would be considered to be your employee rather than self employed. I attach information for you to read about that for your information. http://www.adviceguide.org.uk/wales/e_information_for_small_employers.pdf
This being the case there is a small risk that she could claim that she has been unfairly dismissed as there was no disciplinary procedure followed when she was dismissed (or dismissed herself).
Normally if a dismissal is for insubordination it would amount to gross misconduct and so long as a procedure is followed no serverance is due (they can be terminated with immediate effect).
So, could you be more specific? Should she receive, for instance, six months severance pay? A year's pay? One month for every year of service? What would seem fair?
If severance pay is paid then it normally would equate to a statutory redundancy payment of a week per year's pay up to a maxumum of 12 weeks. There is a risk that if you pay this she could still claim unless it is paid by way of a settlement agreement.
A settlement agreement would effectively sign away any right she may have to bring an unfair dismissal claim against you in the future.
If you would like any further information about this please do let me know.
Wow! That doesn't seem like very much, but will take it into consideration and I thank you very much.