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Issues in Firing an employee

You are an HR practitioner in a medium-sized company. One of your employees has demonstrated mediocre performance and a recurring attendance problem relating to her unreliable child-care situation. Your boss has had enough and has directed you to rid the organization of this problem employee.

Your boss requires a memo to senior management outlining three ways to get rid of the employee and a recommendation as to which option to pursue. Each option must carefully lay out the risks associated with it. You must also justify your recommendation.

Solution Preview

Mediocre performance is certainly a valid reason for terminating an employee, but because of legal protection policies, management is going to have to ensure they do it in such a way as to reduce the chance of future litigation. In your memo to senior management, you will want to provide a "termination checklist", which could include the following:

* first, management needs to verify that the employee has no legal rights that could interfere with or restrict management timing or discretion in firing the employee for unacceptable performance, such as an offer letter, the employee handbook, or the personnel policy.

*second, management should examine whether or not there are any circumstances unique to this employee that could lead to a "public policy" tort issue, such as an existing workers' compensation claim or any recent complaints this employee may have made in regards to conditions or terms of employment. Either of these could bring claims in the future of retaliatory or wrongful discharge.

*third, management must ensure that its personnel decisions are based on legitimate, non-discriminating reasons. It is not necessary to keep an ...

Solution Summary

You are an HR practitioner in a medium-sized company. One of your employees has demonstrated mediocre.
Your boss requires a memo to senior management outlining three ways to get rid of the employee.

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