The decision to fire an employee should not be taken lightly.If you decide that an employee is not a good fit, or that you can't afford to keep them, you have to plan how you will handle them.You can learn how to fire an employee in California.
Step 1: Determine if a lay-off or firing is appropriate.
One of the first things you will consider when making a firing or lay off decision is whether it is a lay-off or firing.A lay-off is a dismissal of an employee where the position they held will not be re-filled and will instead be eliminated.When the employer needs to downsize and eliminate one or more parts of their workforce in order to reduce overhead costs, this is most often the case.If you think a lay-off is the best option, you will have to decide which employees should be terminated.It is important to base your decisions on sound business related criteria, policies, and practices.Don't base your decision on age, race, national origin, religion, gender, or sexual orientation.A firing is triggered by an employee's poor job performance.When you fire an employee, another employee is hired to take their place.When you decide to fire an employee, the rest of this article will discuss how to do it.
Step 2: The general rule should be considered.
The law presumes that an employer can hire or fire an employee whenever they want, even if there is no reason to do so.There are a few exceptions to the general rule.If there are any exceptions to your situation, look below.
Step 3: Determine if there is a contract.
Employees who are part of a union that has a collective bargaining agreement may have written employment contracts that specify how and why an employee can be terminated.If an employee has an employment contract, you need to consult it and follow the rules.An employment contract will usually state that an employee can only be terminated by a vote of the board of directors, for good cause, or for some other specific reason.Collective bargaining agreements will control the questions about how and when an employee can be terminated.
Step 4: There are company policies and documents to look through.
The policies and documents of your company should be consulted and followed if they include limitations on your right to fire employees.Employment at- will policies are common.This type of policy tells employees that they can be terminated for any reason, including no reason at all.Every employee should be aware of this type of policy when they are hired.Discipline policies that are progressive.Discipline usually starts with written warnings and ends with firing.Make sure you follow the progressive steps in the discipline process if you have one of these policies.In case a terminated employee files a lawsuit, make sure you document all discipline and keep it as evidence.There are internal dispute resolution policies.If you have a policy of giving employees an opportunity to go through certain internal systems before being terminated, be sure you give them a fair chance to do so.There are policies that require "just cause".When there is "just cause," some employers have a policy of only firing employees.In order to be terminated in California, an employee must have violated a statute or policy.
Step 5: Do you know if any state or federal laws will apply?
Laws that protect certain classes of employees are important when considering an employee's dismissal.The Americans with Disabilities Act may apply to an employee who is terminated.Attempts must be made to accommodate the employee's disability.Make sure you document the attempts you made.California's Fair Employment and Housing Act is also known as Title VII.It's important to make sure that an employee is treated the same as other employees when you decide to fire them.Did other employees have more chances before being terminated for the same reason as this employee, and if so, is there a legitimate reason why?There is a baby on the way.Four months of leave can be given to an employee if they are pregnant.There is workers' compensation.If an employee is terminated because of a workers' compensation claim, it may be considered discrimination.Retaliation.An employee can't be fired for reporting an illegal activity of the company or for participating in an investigation.There are discrimination laws.You can't fire an employee on the basis of age, race, national origin, religion, gender, physical disability, sexual orientation, or other reasons.
Step 6: Consider the legal ramifications of not firing an employee.
There can be legal ramifications for failing to fire an employee when you should have done so.If an employee has been violent, threatened violence, or sexually harassed other employees, it may be necessary to fire that employee.
Step 7: Take a look at the employee's personnel file.
Before you make the final decision to fire an employee, make sure you have enough documentation to back up your decision.There may be a letter in the employee's file stating that the reason she is late so often is due to her being pregnant.Before firing an employee, you should consult someone else, including an attorney.
Step 8: When firing an employee, use care.
You will have to break the bad news to the employee when you determine that you are going to fire them.You should state the reason for their firing with great care.The discussion should be short and to the point.The more questions the employee is likely to have, the more you say.It is no longer in the best interest of the company to continue the employment relationship.
Step 9: The employee should be terminated at the right time.
You can break the bad news with the employee at a good time.There is no clear rule on this.The employee could be terminated on a Friday.Some people think this will give the employee a few days to digest the information.It will reduce the risk of an employee returning to work the next day.An employee can be terminated early in the week.It is said that this gives the employee an opportunity to quickly transition into looking for a new job, apply for unemployment benefits, and other necessary arrangements as soon as possible.
Step 10: An employee's final paycheck should be made available.
The employee's final paycheck should be ready for the meeting.After an employee is terminated, all outstanding money must be paid.
Step 11: A severance pay agreement is a good idea.
If you want, you can give the employee additional compensation if they waive their right to bring a lawsuit against you.
Step 12: Any company property should be returned by an employee.
Before the meeting ends, ask the employee to return any company property they have in their possession.This could include both physical and digital property.