If you fire an employee, do you have to give them a reason? (employer, job)

[cityflair]

If you fire an employee, do you have to give them a reason? Thanks!

[mccarley]

You need a reason and it needs to be documentated. You don't want the ex employee telling the judge why you fired him.

[Yzette]

Unless it's an egregious thing--like, say, stealing company equipment or hitting a coworker--ideally, you should have a whole system in place for dealing with that. If it's a performance issue, chronic lateness, etc., it's best to document that, sit down with the employee, draw up a "performance improvement plan," and then give the person time to correct the problem. If the person doesn't correct the problem, then fire away.

I'm sure a lot of people will come on here talking about "employment at will" and so on, but the fact remains that people who feel they were fired unfairly can and do bring wrongful termination suits, and whether you win or not, just the headache of dealing with that should be enough to make you want to be professional in how you discipline and terminate employees.

[grapico]

Originally Posted by Avienne

I'm sure a lot of people will come on here talking about "employment at will" and so on, but the fact remains that people who feel they were fired unfairly can and do bring wrongful termination suits, and whether you win or not, just the headache of dealing with that should be enough to make you want to be professional in how you discipline and terminate employees.

Bingo, more right to work states.

U.S. Department of Labor - Wage & Hour Divisions (WHD) - State Right-to-work Laws (http://www.dol.gov/whd/state/righttowork.htm - broken link)

It is different depending on what state you are in, until the law actually changes, that is how it is going to be if you are in certain states.

[Yzette]

Originally Posted by grapico

Bingo, more right to work states.

U.S. Department of Labor - Wage & Hour Divisions (WHD) - State Right-to-work Laws (http://www.dol.gov/whd/state/righttowork.htm - broken link)

It is different depending on what state you are in, until the law actually changes, that is how it is going to be if you are in certain states.

Heh, I'm old-fashioned. I'm not in HR, but I've worked with enough HR types in helping them write and edit employee handbooks that I can't stress enough how important clearly defined policies and procedures really are, not only for legal reasons, but for ethical ones and for building morale in the long run. No one wants to work for a company where the rules are poorly communicated and can be changed to suit some boss's whim. No one likes to feel vulnerable, especially now.

Frankly, I think at-will is a lousy concept. I see the striking differences between right-to-work states and at-will states, having worked in a right-to-work state (Virginia) for 20 years and now living in an at-will state (New York). I don't think people should be required to join unions when they take a job or risk displacement at the whimsy of an employer, which is what at-will employment encourages. Don't get me wrong: I think unions are important in many cases, but as much as I support many unions (many, not all), I really think right-to-work is the way to go. It's just better for business and far more humane.

[kattwoman2]

I think they have to give you a reason, though whether or not it's the honest reason is another matter. One company told me I was being laid off, but on the paper work they said "separation". I asked why they didn't check the "laid-off" box and they said, "Oh, it's the same thing." I asked them why I was being laid off and finally one of them said, "The company doesn't feel as though they are spending their money wisely." Then, the boss looked at me before I left and said, "You know, I think you're right, they are laying off some of the harder working people in this business." Two months earlier, two other individuals were laid off as well and they were two of the hardest workers in the office. However, they were not buddies with management (they didn't argue with management either...they were just not close).

[Koale]

I think this is the oddest question. If you were fired, would you like an
explanation? You're either a poor employer or someone who feels like they
were canned w/no explanation. Which is it?
Koale

[HurricaneDC]

You don't HAVE to save a person who's drowning in a river even if you're fully capable of doing so, but you ought to.

Likewise I think the company should give an honest reason for why they're firing someone.