EMPLOYMENT LAW REPORT

Limits on Discharge

Lessons in Purple: Employment Law Advice from the Minnesota Vikings

Employees generally don’t become “problem employees” overnight.  Typically, employers have some indication that the employee is going to be a “problem” from the beginning.  As a famous Minnesota employer recently demonstrated, it is best to address those issues as soon as possible.

The New (Old) “Problem Employee”

In October, the Minnesota Vikings completed a trade bringing back wide receiver Randy Moss, who starred for the Purple for seven years before being traded in 2005.  The move was widely praised and Moss was hailed by many as the potential savior for Minnesota’s struggling offense.

Moss has always balanced unparalleled speed and skill on the field with maddeningly erratic and selfish behavior off the field.  His most recent stint with the Vikings featured mostly the latter, including allegations that he loafed through parts of games, influenced younger players into bad practice habits, and ranted mercilessly about the team’s buffet lunch.  His most outlandish act was a bizarre televised post-game press conference where he asked and answered his own questions, criticized Vikings coach Brad Childress and heaped praise on the coach and team that had just beaten them (which just happened to be the team that had just traded him to the Vikes).  A day later, Coach Childress cut Moss from the team.

Swift Action is Effective Action

The effectiveness of Childress’s coaching has been debated substantially throughout the season. His decisiveness in dismissing Moss only a month after obtaining him, however, is a good lesson for other Minnesota employers.

We have every reason to expect new employees (or returning ones, for that matter) to put their best foot forward in their early days with the employer.  We should anticipate that they will want to show us how happy they are to have joined our organization and how committed they are to our success.  If in those first few weeks or months a new employee doesn’t hustle, or if they criticize management or embarrass the employer publicly, the situation is not likely to improve with time, and swift action is necessary.

Bottom Line

Don’t make the mistake of thinking that the employee will “grow up” or “settle down.”  Certainly we might expect some learning time regarding new skills and job tasks, but negative attitudes, critical comments and poor work habits do not bode well for the future.

If your organization has a probationary period in a union contract or employee handbook, put them to good use by quickly identifying and dismissing your Randy Moss.  Even in the absence of such policies, you can move decisively by determining that a new employee displaying unacceptable work habits or a difficult demeanor should not be allowed to remain on the team and bring everybody down with them.