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)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- How to thwart bias lawsuits: Have supervisor who did the hiring also handle firing
- Firing employee? Make sure he knows he really has been terminated
- During RIF, make sure your rationale makes sense
- Make sure documentation backs up reason for firing