How to terminate the services of an existing junior employee without giving him/her any notice ?

Question

If his/her activities are indecent & unaccepteble.

Answer 1

First that depends on whether or not you are in an 'at-will' state which allows you to terminate an employee for any reason. Secondly, it depends on your company's policies. If there is a policy that allows immediate termination then all you have to do is inform the employee...

Answer 2

You might try hiding behind the door and hitting her over the head when she comes to work. Use something heavy, but not too sharp. You don't want to ruin the carpet.

Why not consider laying down a drop cloth?

By and large the law, and common decency, require a procedure to be followed before termination. If the procedure is not followed, depending on jurisdiction you could be liable for a wrongful termination.

Unless he or she has committed a crime or violated a company policy that clearly specified termination as a penalty, an arbitrator will look for these elements in a termination suit:

First, was it a first offense. As a rule a first offense should be met by corrective action such as a verbal or written warning. An attempt should be made to allow the employee to correct their performance.

Second, does the gravity of the offense merit termination? If indecent and unacceptable are wearing low cut blouses, or not wearing a hat, the court will dispute your definition of the words. There are other remedies, such as retraining and suspension, for less grievous offenses.

Third, what kind of investigation was there before termination? Was there a formal complaint? Who investigated? Was the terminated employee allowed to see evidence or present a defense?

Unless you satisfy that checklist, you might run into trouble. You have to behave justly to this person, no matter how angry or upset you are. This is not just the law; this is what is just.

Unless this person has broken the law by harassing or attacking someone, by stealing from the Employer or has simply failed to show up for work for several days without calling, you are probably required to allow a defense and/or give notice.

How would you like to be treated if the situation was reversed?

Answer 3

Almost every state in the United States is an at-will state. Either side can terminate employment without notice, and without a reason.

I would tell the employee that his behavior is unacceptable, unprofessional, to cease and desist. I would document it have him sign it stating that he understood. If he didn't sign, I would terminate him on the spot. The next time he/she did the indecent acts, he would be escorted from the building, and his final check mailed to his address of record.

Answer 4

Depending on where you live and if there isn't a contract or a union, just go to them and tell them that there services are no longer needed or that you don't feel that they are the appropriate person for that job at this time. You don't need to have a reason to give to the employee if you can justify to yourself why you feel strongly that they should no longer be employed. However, you should have documentation of the activities in case they later try to imply that you discriminated against them or mistreated them.

A lot of people want to be nice and try to work with someone like this and give them notice of their impending doom. Do you want someone that is now mad at you working there for 2 to 4 weeks? Talk about a potential liability.

Answer 5

Termination is only valid if there is notice that there was a violation, a hearing was conducted and a notice of termination was served on the erring employee. These indispensable elements of due process must be observed in order that termination will be valid under the Labor Law.

Answer 6

Read the application form it will tell you if it is an at will contract. Otherwise at least 3 warnings before a firing can occur as they happened (day, date and time) and have signed by employee and witness. Unless of course out-of-control, and a danger. Then no notice applies to the firing.

Answer 7

Depends on your state and country. In the US, most states have 'at will employment' laws that allow you to terminate anyone anytime without notice. Notice is a courtesy, not a law, unless explicitly expressed in the employment contract.

That law works both ways... one can quit without giving notice ( I have!).

Answer 8

depends of course where you live, in many states there is a "at will" status. In that you can fire any employee as long as it is not for a protected reason.
So in a state like TN you just tell them they are fired and not to come back.