A
female
age
36-40,
anonymous
writes:My fiance took over a local business in August 2019, but couldn't legally start running it until January 2020, per the contract signed during the sale.I'm an American expat in South Africa, been here since 2013.Then came COVID19, and well, he had to force employees to work from home.However, he's told all employees that they will NOT be allowed to work from home in the next few months when things get back to (whatever will be) normal here, and he's had hundreds of abusive emails from employees.These aren't simply grumbling or moaning, one was an actual threat of "Gonna make sure you and your kids see whats coming to you" and other similar.I can't understand how this has incited things to the level of death threats, although just threats of harm that they probably won't or are unable to carry out.I CANNOT work from home as I work in events management anyway, so I'm effectively unable to work (not unwilling to). That's why I'm struggling to understand it; especially since my jobs have always been ones where I've had to work outdoors or handling bulky items etc.My husband is the boss, there's no-one above him.He told me he doesn't know whether to get the police involved or not, but equally he wants to ensure terminating their employment under the Labour Relations Act for misconduct.He has a theory (not proven) that a lot of the employees are seeing lockdowns etc. as a chance to be lazy; he already terminated one for disobedience and drunkenness after she showed up on a Zoom session in just a camisole and knickers and began discussing oral sex over Zoom with horrified employees embarrassed.This wasn't some young woman, but a woman in her late 40's!My fiance does not really want to work from home or enjoy it, he considers work and home two different things and previously worked in jobs where you never had that option (car scrapyard, crisps factory, roadworks crew, fast-food) and people accuse him of being weird when he said officially via Zoom:"Working from home is not a permanent, long-term solution" (he cited https://www.pacetechnical.com/6-reasons-working-home-just-doesnt-work/ as a source).I'm also suspecting they don't like him because he's Chinese (well... Chinese South African!) too, even though he was born here in Port Elizabeth, also, race, for obvious reasons, being a highly sensitive issue in South Africa! He already fired one employee a racist email telling him to go back to China and a crude Chinaman joke, not simply because it hurt his feelings but because it was a joke that could offend many people (the email got sent to 40 different employees).He's told all employees they may have 3 to 6 months, depending on how things go, to get ready for permanent return to the office and that there will be a second new office opening in 2022 to cope with the sudden uptick in demand expected from it. The second office is in the U.S.People have been protesting, but he's stood his ground.This isn't just about an unpopular decision people grumble about, it's generated a lot of ill-feeling and one employee publically posted on the firm's Facebook page "My boss is frozen in time, wanting us to work like it's the 2000s"... he got suspended for it after an investigation, and is expected to return in 6 weeks.Is my husband right or wrong to do this, going against popular culture, or is he being, for want of a better word, iconoclastic?Is he wrong to think working from home isn't a possible, reasonable solution for most people, unless you're exceptionally rich and famous and have assistants to do everything?But there's also a second issue, my husband wants to move back with me to the U.S. in 2022 (we agreed on returning to the U.S. in August 2022) and opening his second office there with new employees, he would qualify for a visa anyway as he's got the required level of wealth.As it is, the firm he owns has no presence in the U.S. market.He intends on being permanently resident in the U.S. as he knows and likes it, we've visited several times, he loves my home state of Maryland and the city I'm from.I don't work for my husband or work with him, but he asked me for advice on this, as he doesn't know what to do for now.How should we progress with this next?
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reader, anonymous, writes (20 March 2021): Typo correction:
"Unless they block their number, use a public phone, or use a tracfone; it's possible to determine where the threats are coming from."
P.S.
Please bear this in-mind. Some people have children, and if the schools are closed due covid-19; they may not have affordable daycare, or anyone to watch them. People often do things out of desperation; but threatening their employer isn't one that you should tolerate. You don't get a pass for breaking the law by threatening people!
A
reader, anonymous, writes (20 March 2021): I am certain that most of the employees need and want to keep their jobs. If all of the employees have formed a coup, and everybody has decided to mutiny; he'll just have to fire the whole lot, and start from scratch. That's the breaks of starting a new business. If you've got a bad lot who is that bold and obnoxious, what choice does he have?
Phase them out one by one, as you interview new applicants. He doesn't have to put-up with the threats, and that's what the police are for. You are not required to keep the original employees; unless you signed a stipulation in the sales contact that he take on all the company debt, it's headaches, all the employees, and liabilities. Somehow I doubt he signed-up for that.
It's a matter of courage and resolve. He wants to be a businessman; well here are the troubles that come with it.
If he is able to single-out who the trouble-makers are; he should notify the police and keep record of all the threats. They can locate some by following their IP; because many are too dumb to realize IM's and text messages can be tracked. If their GPS locator is on, he can track where the phone is! Unless they block their number, us a public phone, or use a tracfone; it's possible to determine where the threats are coming from. Most are not so sophisticated to go through all the trouble of covering their tracks. They are counting on his fear and inexperience with dealing with such problems.
He should definitely file police complaints and start the interview process sooner rather than later. He should fire those employees who seem to have the most aggressive and less compliant attitudes. You have to profile each of them one-by-one; until you know their work-ethic and personalities. Go through all their past performance reviews; you'll know who the slackers are. The good employees would value their jobs too much to jeopardize them by making threats. It would not cross their minds to behave in such a way. If they come at him with a class action suit, he can consult with a bankruptcy attorney. It's all scary, but it's survival of the fittest!
He will have to consult with a team of company formation specialists in the United States. Tax laws and regulations differ from state to state; and he may only want to be set up as a corporation. Specialized consultants will explain to him what that entails.
He shouldn't get too many things on his plate at once. He has to deal with his personnel problems first; or he will have no business here or there! They've literally taken-over his business. Be that the case, get a lawyer, fire them all, and freeze all positions. You have proof that you're being intimidated; so having to pay unemployment compensation to people you were forced to fire will be their task fight. Seldom do you win a wrongful-termination suit or get unemployment comp; when it's proven you have threatened your boss and his family! These are extraordinary conditions it it will require legal advice.
If you really feel they will carry-out their threats, you should move.
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