Employee Discharge | Legal Reasons For Termination

When Employee Discharge Is The Right Thing To Do Your Business

When you consider an employee discharge, it’s easy to be scared by the consequences of an employee discharge going wrong. In my experience, you have nothing to fear… if you terminate properly. For more on this, click employee discharge help.

In this article, we will discuss when you should fire an underperforming worker. Let me give you 3 circumstances when employee discharge is the right thing to do.

First, the most obvious is when the worker has committed gross misconduct. Examples of gross misconduct are taking bribes, fighting, vandalism and lying. Here’s the key point for gross misconduct. You must conduct a fair investigation before firing. If you don’t you may risk a wrongful dismissal charge.

The second circumstance where you can terminate is for bad performance. Examples of this are lack of shoddy work, incompetence, negligence and forgetting duties. In this case, you must document the bad performance and give the worker sufficient chances to improve.

Third, you can terminate for minor misconduct. Some examples of minor misconduct include spreading rumors, late from lunch, bad attitude and breaking minor company rules like a smoking policy. You should document the misconduct, issue warnings and only fire after allowing a last chance. This will keep you from being sued.

Here’s summary of this article. You can discharge an employee for the following three reasons... First, Gross Misconduct… Second, Performance Problems… Third, Repeated Minor Misconduct. When you follow this simple policy, you’ll be sure of firing for legal reasons. But here’s a final word of warning: Although you may be terminating for a legal reason, you still must follow proper procedures or the ex-worker will still find grounds to bring you to court. But, please don't keep this problem worker because of this apprehension. Following proper procedures is straightforward when you get the knowledge you need.

To find out how to write up the worker’s poor performance and misconduct – and – probe gross misconduct, you should consider the Employee Termination Guidebook. It covers all this in detail and its procedures will keep you legal in every state in the union. Click here to get more termination help.

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