A guy who I employed back in April isnt pulling his weight and after being spoken to several times dosent show any signs of improvement - what can I do?
2007-09-12 07:49:21 · 28 answers · asked by Anonymous in Business & Finance ➔ Careers & Employment ➔ Law & Legal
If you have written him up several times (be sure to keep a log when you speak to your employees) then you are justified to firing him.
2007-09-12 07:54:08 · answer #1 · answered by Lollipop 5 · 0⤊ 0⤋
As long as there is no contract or union involved it's relatively easy to fire someone. As for legal ramifications, anyone can sue anyone here in the US. He may not have a leg to stand on but if he wanted to he could sue you.
To help avoid a lawsuit you need to have a paper trail where you tried to council the employee. Let them know what they are doing wrong and what is expected of them. If they are the slowest person on an assembly line, let them know what metrics are used to measure their performance. Let them know what out per hour/per minute, etc is expected from them. Two sessions that are recorded on paper where you tried to let the person know what is expected and I would say you are safe. the only our would be if there is some handicap that is holding them back. If there is a mental or physical handicap involved in how slow they are doing something then you will need to tread lightly. i would even consult an employment attorney prior to any counciling just to make sure you are safe. There are special laws that deal with handicapped persons and employment.
The one thing that is most important in all of this is that you are not singling them out. You have to hold all employees to the same expectations you are holding this person to. If it's an assembly line type job and it's OK for John Dow to make 23 pieces an hour then is has to be OK for this person to do the same. If you single them out for something that someone else is allowed to get away with then you will have a valid lawsuit on your hands.
Good luck!
2007-09-12 15:01:55 · answer #2 · answered by Patrick 5 · 0⤊ 0⤋
Hi - well you need to follow the minimum of 3 steps as highlighted under current legislation.
Undertake an investigation
Carry out a disciplinary hearing - if your investigation highlights anything
And final the write to appeal within 7 days
By following this you are being fair and treating all employees regardless of length of service the same
2007-09-12 16:33:33 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I think it is best to look at the employment guidelines and law within your state. You might have to give the employee at least one written warning and a verbal warning before firing him - that is a cover your butt move. However, I live in a right to work state and I could fire that person without any type of notice. If he isn't pulling his weight and his performance is shoddy - fire him.
2007-09-12 16:36:12 · answer #4 · answered by Skalywag 2 · 0⤊ 0⤋
You can fire him. but don't leave it too long. Unless they have changed the law you can fire someone with less then 1 year's service without any come back. Several years ago I sacked a guy you got aggressive with one of my clients. He took me to a tribunal, for unfair dismissal among other unfounded claims. The outcome: unfair dismissal, could not be claimed as he had not worked there for a year.
2007-09-12 14:59:41 · answer #5 · answered by njn001 3 · 0⤊ 0⤋
In the UK you have to go through your companies disciplinary procedure or he can claim Breach of Contract. You must show that you treated him the same as any other employee and you gave him fair warnings to improve his standard of work. Breach of Contact needs no qualifying service as with an Employment Tribunal as it is dealt with by a court.
2007-09-12 14:56:26 · answer #6 · answered by john m 6 · 0⤊ 0⤋
Depends on the state you live in. If its an "at will" work state, then yes you can fire anyone for just about anything as long as it doesn't fall in the categorie of descrimination. To be safe, i would document all the times you have talked to him, and give him a few written warnings first to have on file.
2007-09-12 14:56:09 · answer #7 · answered by writenimage 4 · 1⤊ 0⤋
you can fire someone with in 3 months .after that you need to give them a verbal warning witch is writ en down with the nature of the verbal and signed by the person and witness then two written warnings over so many weeks for the same missdemener in uk
2007-09-12 15:07:56 · answer #8 · answered by ray j 3 · 0⤊ 0⤋
Fire him. The majority of states are at-will employment. Even if yours is not you have spoken to him and given him a chance to improve.
I would recommend keeping some documentation about why you are firing him and what you did do to try an encourage him to correct the issue
2007-09-12 17:24:37 · answer #9 · answered by arimarismacon 3 · 0⤊ 0⤋
You have written documentation you told hm about the need to improve his performance?Not essential, but helpful?
You have a written agreement of
employment? Yes, no?
On his appl, does it read, " I understand I can be terminasted at any time for any reason, or no reason at all>" and he signed it?
Then, you can terminate him. It isn't easy, it never is, but do it and both of you can move on.
2007-09-12 16:22:31 · answer #10 · answered by TedEx 7 · 0⤊ 0⤋