You may assume that an employee who obviously isn’t meeting expectations will simply go away when you fire him. Don’t bet on it. He’ll probably apply for unemployment.
Be prepared to show exactly why you terminated him.
Recent case: Kevin Moore worked for Habitat for Humanity at its retail store. He was late 26 times in 10 months, frequently ignored direct orders, was sometimes rude to customers and generally wasn’t a reliable employee. When he was terminated after receiving multiple warnings, he filed for unemployment.
Fortunately, Habitat for Humanity was prepared to show exactly why it had fired Moore. It had detailed examples of his failure to satisfy even the employer’s simplest reasonable expectations. He didn’t get the benefits. (Moore v. Habitat for Humanity, No. 11-AP-756, Court of Appeals of Ohio, 10th Appellate District, 2012)
- Investigating Harassment: How to Determine Credibility
- Appeals court: Attorney fines OK to stop frivolous lawsuits
- OK to suspend employee who has been arrested if alleged violation would compromise safety
- Don't push for exam if employee can do job
- IRS clarifies COBRA subsidy's 'involuntary termination' language—sort of