Is it legal to sack an employee if business has become too quiet to keep him on.?

Question

He has worked for me for the past 2 years.

Answer 1

I hope u business get better, but it is legal, u make the person redundant and pay.... read:


What is a real redundancy


A dismissal will only be a genuine redundancy if:-


the employer’s business, or part of the business, has ceased to operate; and/or
the employer’s business has moved to a different place; and/or
the business’s need for work of a particular type to be done has ceased or diminished.

Examples of when someone may be genuinely redundant include:-


the work the person does is no longer needed, for example, the employer’s business is failing or the employer is moving into a new line of business which no longer needs the person’s skills, or a new process is introduced which means the job is unnecessary (see under heading Redundancy situations)
the employee’s job no longer exists because the work is being done by other employees (see under heading Redundancy situations)
the workplace has closed because the employer has ceased trading but is not insolvent (see under heading Redundancy situations)
the employer’s business, or the work the person is doing, moves to another area (see under heading Redundancy situations)
the person is laid off or put on short-time working
the employer’s business is transferred to a new employer (see under heading Redundancy situations)
the employer’s business becomes insolvent
the employer was the sole proprietor of the business and dies.

If you are in any doubt about whether one of the above redundancy situations applies to you, you should consult an experienced adviser, for example, a Citizens Advice Bureau.

Answer 2

It is illegal and immoral for an Employer to sack a member of his company due to lack of profit, he can either offer him/her something else within the company or 'due to unforseen circumstances' make that person redundant. They are not allowed by law to just sack someone. They have to then honour 2 weeks pay for the 2 years service with the company and any holiday accrued which should be paid with their normal pay.

Answer 3

In the US, yes. If he is a member of a protected group - over 40, disabled, etc - then you should consult an HR attorney to help protect yourself against an unfair termination lawsuit. If he has performed well for you, you should offer fair severance (1 month), a favorable reference and/or letter of recommendation, and maybe even office space during a transition period. Laws are different in other countries.

Answer 4

You can make someone redundant for financial reasons.

You must find a legal means of ending a contract of employment or you can be sued.

I suggest you contact an employment lawyer.

Just to add...if you 'lay someone off' you are breaching a contract if you fail to continue to pay them and again...you could be sued.

Answer 5

Of course, it is called down sizing, and is normal. It is nice, but not necessary to give the employee a little severance pay. If two years, than maybe a couple hundred dollars. Remember he too has to make a transition.

Answer 6

It very much depends where you trade.

Now, in the uk, after a year a small amount fo redundancy would be payable, but make sure you follow the legal requirements.

Answer 7

I guess almost no one here is in the US, but here in most states you can fire someone for "no reason", there just some reasons that you cannot fire him for (i.e. you can just say he is not needed, but you cannot say he is not needed because he is too old). Just like a person can just quit without notice (but it is considered professional to give 2+ weeks, but nothing requires you to)

In europe it is difference because of all of the unions/laws. But that is also why their economies are growing so slowly.

Answer 8

i think he has to get a redundancy package of a certain amount per year he has worked for you. And you have to give notice of a few weeks.

Answer 9

Sure. Just let him know you're laying him off because lack of business. Let him know you'll hire him back if business picks up again.

Answer 10

Just call it a lay off. It happens all the time.