These reasons are varied and come under four key areas: Capacity – if the employee lacks the ability, or is incapable, of completing the job; Performance – if the employee’s performance is below what is required for the job, or if they are not meeting the standards outlined in their employment contract For example, the employee may not be a team player or work well with others. In most instances, workers are employed on an at will basis. Employers must always have a legal reason for firing employees. The employee who fails to keep commitments blindsides the boss, lets their teammates down, and is not available to deliver what co-workers expect, and need. If employer finds their employee stealing any company property then they have complete right to fire the employee, but employer must have valid proof before terminating the employee. Or, the employee leaves out the part of the story that will make him or her look bad. In each case, the employer may choose to disclose the reason for termination. It’s a mistake to avoid firing a poor performer for 2 reasons. WHAT IS A VALID REASON FOR TERMINATION? Summary dismissal . Consider the reason: Position elimination versus performance issues. In a lie of omission, the employee fails to give you particularly relevant pieces of information. Firing an employee based on discriminatory reasons, such as because of their race, sex, gender, religion, sexual orientation, or disability. However, doing … Firing employees in their probation period. Firing an employee, even if you think that person is grossly incompetent, can be a risky venture. It can be hard, when you believe an employee to be failing in their role, to see what process to follow; in most cases, there’s a good chance that the underlying reason for the poor performance, especially if the worker has previously performed well, is due to factors other than simply their inability to fulfil their duties. Lies of omission are just as deadly in chipping away at trust. If an employee, after training, coaching, repeated practice, and a reasonable amount of time receiving feedback, demonstrates they are not capable of performing the fundamental requirements of the position, it's time to fire the employee. An employee cannot be terminated for reporting an illegal activity of the company or for participating in an investigation of the company. If you do it for the wrong reasons, or in the wrong way, a court may force you to pay damages to the employee. What Is the Best Day to Fire an Employee? 284, Labor Code). Here are the top five reasons to fire an employee: An employee may lack integrity, whereby you've caught them in repeated lies or underhanded actions. Why an Employer Probably Should Provide a Valid Reason for Termination. Firing an employee can be as difficult on a manager as it is on an employee. The second set of three pose risks to the health, safety, and reputation of your employees, customers, and the business in general. You can and should fire employees whose behavior fits in these categories. Even a casual conversation can be the basis for an oral employment contract, which means that employers have to be very careful what they say. For more than 200 years businesses have trusted The Hartford. As you suggested, a company might not want to explain why it fired an employee because it does not want to admit its decision was discriminatory, like in the examples you provided. In this environment, the employer has to prove that the firing was based on specific behavior and not antipathy toward a group or class of people. Employees can easily file for unfair termination with the Equal Employment Opportunity Commission (EEOC), in the event of getting fired. 2) The employee isn’t right for the job. employees whose period of continuous service with the employer is less than 12 months; an employee employed for: a stated period of time; an identified task or project; a particular season. The information on this site is for guidance, ideas, and assistance only. This means an employee can generally be fired at any time and for any reason, or for no reason at all. An employee’s employment may be validly terminated on the basis of the employee’s illness or incapacity when it can be demonstrated that this has an adverse impact on the employee’s ability to perform the inherent requirements of their job. You could move the employee to a different position, change the requirements of the current job, or create a performance improvement plan. But, there’s still a right way to terminate an employee. Employee termination can stem from many reasons, including poor performance, a need on the employer's part to cut costs, corporate restructuring and violations of workplace policies. Sound reasoning to the dismissal is vital for employers to ensure a minimal risk of unfair dismissalclaims from former employees. It is vital that you know federal laws pertaining to the termination of an employee. Wrong. While usually not an easy decision, there are a number of instances that justify firing an employee. The content on the site, while authoritative, is not guaranteed for accuracy and legality, and is not to be construed as legal advice. Understand the valid reasons for when an employee can be fired in your state. Of course, if you were to use free termination letters to inform employees, then it is only right that you be aware of some reasons for which you can fire employees. Examples of unethical behavior include: All these behaviors can—and should—result in the employee's termination. However, a fundamental set of shared values is the glue that binds employees together in productive teams and workgroups. That can quickly take a toll on morale and engagement. Employment Laws Regarding Termination. 1. When in doubt, always seek legal counsel or assistance from State, Federal, or International governmental resources, to make certain your legal interpretation and decisions are correct. They do not need to have a good or valid reason to let you go, so long as they are not firing you for discriminatory reasons. What Reasons Are NOT Justified For Firing an Employee? They can also choose to … Firing an employee who took time off that they were allowed based on state or federal law. At-Will Employment Doctrine At-will employment means the employer can terminate an employee for any reason – or for no reason – provided the basis for the termination is not discriminatory. Your employer does not need a good cause to fire you. HR professionals often struggle with the first step of firing an employee: determining whether there is just cause for termination, Vassos said. It’s your business: Why can’t you simply fire employees as you see fit? Amongst the complex laws in this area in Australia are four key areas in which the release of an employee can occur with proper reasoning: 1. Consider firing the employee after your other employees leave. But there are some exceptions to the at-will rule. Although it is customary, the law does not require an employer to give a reason for firing an employee. This means you should tread carefully when considering firing someone. Is the firing for a valid reason? Pregnancy Discrimination Act. This means they can be fired for any reason, or for no reason, as long as discrimination is not a factor in the firing. Below are four valid reasons for dismissing an employee. Dangers. Fortunately, there are several steps you can take to reduce the chances of being sued.