Forums
Who to terminate?
General Forum
Who to terminate?
Discuss workforce management, performance management, retention, communication, motivation, contributing to business results and other topics.
In January, there's a very good chance we'll have to terminate one of our employees. There are two employees in questions: one is a new employee but very fast and reliable the other has been with us f
0
Cat:Topic ForumsForum:ForumId53
Cat:Topic ForumsForum:ForumId53Discussion:DiscussionId35314
Forums » Topic Forums » General Forum » Who to terminate?
|
Who to terminate?
posted at 12/4/2008 4:27 AM EST
|
Posts: 49
First: 12/4/2004 Last: 5/23/2009 |
In January, there's a very good chance we'll have to terminate one of our employees. There are two employees in questions: one is a new employee but very fast and reliable the other has been with us for several years and is also very reliable but not as fast (or accurate) and quite frankly annoys me through incesant talking and other minor but numerous issues. How do companies decide this issue? There are only 8 employees here. One would be very upset is we terminated the long term employee. I don't think it would impact the rest. |
|
|
Who to terminate?
posted at 12/4/2008 4:39 AM EST
|
|
Posts: 228
First: 11/1/2006 Last: 1/20/2010 |
There are several factors to consider. First, is the slower employee in a protected class (age, race, gender)? Do you perform annual performance reviews? If so, was the slower employee's performance rated lower than the other employee was? All things being equal, seniority would prevail. Ideally, when faced with RIF decisions you would like to retain the better of the two. And, you can do that if you have documented that the slower employee has been talked to regarding productivity. If this is the first time the employee is hearing about being too slow - you could have some problems. |
|
|
Who to terminate?
posted at 12/4/2008 5:36 AM EST
|
|
Posts: 49
First: 12/4/2004 Last: 5/23/2009 |
Her performance is within an acceptable range so it has not been documented. One of the many other issues is that I have to repeatedly tell her things because she either forgets or decides to ignore it (I'm not sure which one). She's had multiple all out breakdowns in the office over the years that involved hours of crying and I'm pretty much afraid to approach her at this point. I will not move her into a position of higher responsibility whereas I believe this other newer employee I might be able to. |
|
|
Who to terminate?
posted at 12/4/2008 6:18 AM EST
|
|
Posts: 2442
First: 2/12/2000 Last: 9/14/2011 |
"She's had multiple all out breakdowns in the office over the years that involved hours of crying and I'm pretty much afraid to approach her at this point."
What are you saying? Man up! This is your business you need to lead it forward. Make the tough decision. Stand over her while she packs up and have her escorted out. Make sure you get all keys passcodes etc. Change the locks if necessary, but regardless move on. The only risk I see is if an attorney could make a claim that you either saw her or treated her as if she had a disability. |
|
|
Who to terminate?
posted at 12/4/2008 7:45 AM EST
|
|
Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
A release/waiver gives the employer certain protection from an employee filing claims (wage, discrimination etc). If the employee is over 40, it can protect from age discrimination claims but certain language must be in the document.
However the employer must offer substantial $s to make it worthwhile. And sometimes, it can backfire because the employee can think that there MUST be a claim if the employer is offering this....especially if they know it has never been offered before. Of course there are some rights that can not be waived, but most employees don't realize that or don't pursue them because their attorney will ask first "did you sign a release/waiver?" and not take the case. I would suggest having an employment attorney in your area write the release/waiver since certain things MUST be in it. It should only take about 1 hour of their time since they are pretty standard documents. |
|
|
Who to terminate?
posted at 12/4/2008 10:45 AM EST
|
|
Posts: 2442
First: 2/12/2000 Last: 9/14/2011 |
"There are only 8 employees here. One would be very upset is we terminated the long term employee. I don't think it would impact the rest"
I am sorry if I am the only one that keeps saying just terminate her but that is what you must do. Don't worry if it will "offend" one of your employees. This is what leading an organization is all about you do what is in the best interests of the company. If you give her severance you will set a precendent that you may not wish to have going forward. However I am not saying it is not a good idea. Long service employee that is just not quite doing what you need and has other issues would not be a bad decision. I do not agree with the other commentor that it will make them think you have something to protect yourself from. It is just good practice to receive a signed release. Make sure it is drafted by an Employment Law attorney and make sure that you give all the time required by law (OMBRA) for them to decide as well as 7 days to change her mind. I would also strongly suggest a 3 month outplacement assistance program to help her with her job search. Money well spent. |
|
|
Who to terminate?
posted at 12/5/2008 2:17 AM EST
|
|
Posts: 49
First: 12/4/2004 Last: 5/23/2009 |
She has not had an emotional outburst in at least three months but I suspect that this is because I rarely approach her about anything anymore. The emotional outbursts were taking a serious toll on me so I stopped addressing anything with her.
You lost me on 3 month outplacement assistance program? Can you tell me more about what this is? |
Forums » Topic Forums » General Forum » Who to terminate?
