Terminating an employee is stressful for managers. It impacts you, the employee and the rest of the team. Though not handling this challenging issue also affects the productivity of the team.
Most states are “at will” which means an employer and employee can terminate the employment relationship at any time without cause. If you have an employment contract, you need to make sure those rights haven’t changed.
There are two different types of employee issues: performance and/or behavior based. Both need to be addressed as soon as you notice the problems.
If you have trained, coached and counseled to ensure the success of the employee and they are still not performing, then termination is probably a decision you need to make. Understanding the company and the employee’s rights is important.
“Employee Management: When Can You Legally Terminate An Employee? ” by Theodore M. McGin on LavelleLaw.com.
As a business grows, it naturally begins to hire and employ certain individuals to perform services for the business. Anytime that you deal with people from wide backgrounds and qualifications, there are instances where the business has hired the wrong person for the job. At that point, it would be most prudent to end the relationship with the employee. It is important that you understand when you may terminate an employment relationship and whether or not such action would expose your business to liability.
If an employee can’t handle the essential functions of the position and there are no other positions more suitable, then the most respectful action is, to be honest with them and terminate the working relationship. Employees know when they are not performing.
NOTE: Make sure you document every conversation around performance or behavior based issue. This provides structure around how to help the employee, review their progress or non-progress, access whether they will meet expectations and to keep you legal. If you have any concerns around a termination, consult your Human Resources Department or, if none, get an outside legal opinion.
**********More on EMPLOYEE TERMINATION**********