The time and cost to hire someone new often exceed the effort to help an employee improve their performance. Be prudent about how much information employees receive. If you have to omit details about the firing or be vague, explain to your employees that you can’t say more for legal reasons.

Overlooking problems may cause employees to believe their performance is acceptable, thus making later disciplinary action seem unfair, discriminatory, or retaliatory*.īefore second-guessing your hiring decisions, employers should consider whether new hires have been given the appropriate training and resources to be successful as well as the opportunity to correct mistakes. When you explain to your team why the employee was terminated, be deliberate about your word choice. Whether performance or conduct issues occur during the probationary period or months later, the need to document these issues is ongoing.Įmployers should address concerns about performance, attendance, or behavior early in the employment relationship. It is easier to defend against legal claims of discrimination when there are legitimate business reasons for the termination, such as:įor all terminations, employers should be able to articulate the reason for the termination and show clear documentation to support this decision. Even though at-will employers may terminate employees for any reason or no reason at all - you may not terminate an employee for a discriminatory reason. Sooner or later, every retirement plan will have to deal with participants who have terminated employment but still have balances in the plan. This means the employee, or the employer may terminate their work relationship at any time without the need to provide prior notice or without the need for just cause. Most states in the US are considered at-will employment states. That means maintaining eye contact and offering verbal and nonverbal encouragement as they express their feelings of sadness, anger or even relief. One of the most important things that you can do for a friend or colleague who has just been fired is to simply be there for them and actively listen. You may be asking yourself, “isn’t the employment agreement at-will?” The answer to this question is yes, but it’s complicated! Communicate that you are available to listen.

The decision to fire an employee in the US carries the risk of potential legal challenges.

Quote to terminated employee