say a company is considering someone that hasn't really done anything to deserve being fired - other than their personality doesn't click with the higher ups - could they legally fire that person or would they have to lay them off - isn't it more costly for the company to lay someone off because of the severance package? just wonder if there are legal standards in place so that companies aren't allowed to just fire someone at will without just reason.
2007-01-28 12:43:20 · 4 answers · asked by jslicer 1 in Business & Finance ➔ Careers & Employment
Most states are considered "at will" states. This means they can hire or fire without a reason. And it would not be more cost effective to lay off someone rather than fire. Usually firing and layoff is used as a status for unemployement. If you have been laid off from a company and file for unemployment then most likely, not always you will be able to receive it. But if you were fired for cause, saying that you personality is a problem, and especially if you have been notified of the problem and they have this in writing with your signature they can use this as proof against you if you file for unemployment through your state. When an ex-employee files for unemployment and is awarded it throught the state, then this will effect the company's unemployment rating, which could possibly cost the employer more money. Most company's only lay off employee's if there is an actual decrease in the company. Meaning a job is eliminated, whole department is eliminated, or whole company is eliminated. I don't know what a personality conflict would have to do with the term of lay off?
2007-01-28 16:30:33 · answer #1 · answered by Anonymous · 0⤊ 0⤋
It depends on the state you are working in. the laws are different for everyt state but for the most part you can be fored or laid off without all that much work by the company. If they want to fire you all they have to do is follow thier procedures by documenting poor performance or catch you violating some policy.
Laying off is not really a big deal unless you are a protected person. Over 40, female, minority. Then they have to do a little extra work.
But really if you are not getting along with higher ups maybe it is best to move on to another compant before you get fired. Probably better for everyone. Why wait. Ge tyour resume up to date and go look for a new job.
2007-01-28 12:51:26 · answer #2 · answered by Bob 4 · 0⤊ 0⤋
As I understand it in some states if you fire a person without cause they may file for unemployment benefits. For hourly workers there may even be an investigation to determine if the person was fired for cause. If not they will eligible for unemployment benefits and the state may make the company pay for those benefits depending on the terms of the unemployment insurance. So generally it does cost more to layoff an employee than to fire them for cause.
2007-01-28 13:02:15 · answer #3 · answered by Roadkill 6 · 0⤊ 0⤋
Most companies in most states can fire and hire at will. In fact there is no law that if you are laid off that you are entitled to a severance package either.
2007-01-28 12:48:18 · answer #4 · answered by chick33 3 · 1⤊ 0⤋