Sometimes, it’s obvious early on that a new employee isn’t working out. Firing such an employee won’t cause legal trouble as long as you based the call on previously set performance standards, job-related testing or some other impartial evaluation process.
Recent case: The U.S. Department of Homeland Security hired Appapilla Rajendra to inspect plants and agricultural products. He had to pass a test before ending his initial term and becoming a regular employee.
He sued for discrimination when he failed and was terminated. But he lost when he couldn’t offer any proof that the test was bogus or that anyone targeted him due to his background or race. (Rajendra v. Chertoff, No. 07-5988, DC NJ, 2009)
Final note: The person who made the hiring decision should make the firing decision too. Courts rarely believe discrimination allegations in such cases.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/9114/set-clear-rules-for-initial-employment-period "
- It's OK to have higher expectations of employees during probationary period
- Beware: You're now strictly liable for supervisor harassment
- Document rationale for termination even if you decide not to tell employee
- Chronic Fatigue Syndrome or Just Too Pooped to Work?
- New Supreme Court ruling expands your potential FLSA liability