Employee Termination
Situation – As the HR Director, you have been asked by a supervisor Tommy to provide guidance on an employee that they want to terminate.
Write a memo to the supervisor Tommy to address the following:
As the HR professional, discuss the concepts that employees serve "at will," and can be fired at any time, for any reason that isn't illegal.
The supervisor has indicated there is a situation of poor performance, some attendance problems, and that the employee is just "not working out." However, the supervisor is concerned that the employee might retaliate by claiming discrimination, since the employee is part of a protected class.
What documentation should the supervisor have?
What else would you advise the supervisor to be aware of?
Use a minimum of two HR/legal references to support your conclusions. You must substantively respond to colleagues.
Here are two references for you to consider:
http://gosmallbiz.com/progressive-discipline-steps-to-take-before-termination/
http://www.employmentlawfirms.com/termination-layoffs/when-termination-is-wrongful.htm