Q. I would like to fire an employee who is unpleasant to work with. We simply don’t “click.” Do I have to have cause to terminate him?
A. Unless the employee has an employment contract or is a union member, you don’t need “cause” to terminate him. At-will employees can be terminated for any reason except for a discriminatory reason.
That means you can fire this employee because you don’t work well together.
Before you do, however, you should examine whether he might claim discrimination based on some protected characteristic or claim that you are terminating him for some reason other than how you work together. If so, you should balance the risks of a lawsuit against the business reasons for terminating him.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- U.S. Steel wins ADA case; worker couldn't do 'Essential' parts of job
- Don't add fuel when you fire: 4 tips for terminations
- Contradictory reasons for firing can backfire
- Sometimes, employees just need thick skins—co-worker snubs aren't retaliation