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dissolution of a job
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dissolution of a job
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
Another question please: We want to terminate an employee with the reason being that we are dissolving his position. How long must we leave that position vacant by law before hiring someone in his pla
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Forums » Topic Forums » Legal Forum » dissolution of a job
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dissolution of a job
posted at 7/13/2009 10:42 AM EDT
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Posts: 17
First: 2/23/2009 Last: 7/13/2009 |
Another question please: We want to terminate an employee with the reason being that we are dissolving his position. How long must we leave that position vacant by law before hiring someone in his place. I have no clue why they want to do this this way but,,,,,,, |
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dissolution of a job
posted at 7/13/2009 12:43 PM EDT
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Posts: 2442
First: 2/12/2000 Last: 9/14/2011 |
This is the "chicken's way" of not being will to face up to the issues of why the person is not performing. Make sure that you have the employee sign a release of claims in exchange for severance.
Once you have this is hand, I would wait 6 months before filling the job since you are likely going to say the job has been eliminated. |
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dissolution of a job
posted at 7/13/2009 3:50 PM EDT
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Posts: 3870
First: 2/12/2002 Last: 11/2/2009 |
There is no law that specifies a time the position must be vacant before refilling it.
But howard's advice is sound. The person will find out that the position was refilled and that "dissolving" the position was not true. At that point, they start casting about for a real reason why they were let go. Or they make one up and file a complaint. For example, if your employee being let go is over the age of 40, the new employee is 25 and the position was refilled within a few weeks, you could have an age discrimination suit on your hands. And since, as howard accurately points out, this is the chicken way of terminating when there's usually no documenation or warnings, you could be on shaky ground. Jeanneb, you've posted a lot of questions here that indicate that you're in a particularly crappy company with especially incompetent management. You need to get out - this company is a road straight to career oblivion. |
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dissolution of a job
posted at 7/13/2009 6:48 PM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
I agree with Nork....this company doesn't seem particularly well run from an HR standpoint. There seem to be LOTS of areas of liability. Unless you have significant authority to make changes, it is going to be a very tough road to get them to change.
That said, I think it is an unwise move to use a reason of "layoff" when you are already thinking of refilling the position. Instead, I would be more honest about why this person isn't working out. You might find that it is either fixable or at least you might know what not to look for in the next set of applicants. But be honest to both the employee and yourself. It will save the heartache of possible claims down the road! |
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dissolution of a job
posted at 7/14/2009 1:03 PM EDT
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Posts: 464
First: 6/30/2004 Last: 11/22/2010 |
I have let an employee go because a job was eliminated. But it was a true elimination. Business was down from a permanent change.
The idea of creating an illusory change is not appealing. Why not just go with the truth? If the employee is not performing then get rid of them for someone who will perform. Yes, it is not fun to fire someone, but it is necessary on occasion. Develop the skill and it will benefit you the rest of your career. |
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