At Will EMployment...Any Legatlities?
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At Will EMployment...Any Legatlities?
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I had a friend who was terminated because of performance. Six months in the job without making plan. He was told by management that they had to cut three people. So they fired the bottom three performers. The question I have was when these individuals were fired. So here are the questions I have:
1. Should these indivduals been put on PIP. Personal improvement plan. At least given some type of warning before termination? Showing continued poor performance.
2. No exit interview or signed documentation on release/termination.
3. At Will Employee..what is the definition?
Does this company have just cause to terminate these individuals. And were the proper steps taken leading to termination and is there documentation that must be signed at the exit of the employee. And if the company has an "at will policy"...Does that truly mean at will with zero legalities?
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michr
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1. that is a policy issue not a legal one.
2. there is no documentation required for the employee, many states do require the employer to file paperwork with them.
3. in the absence of a contract that "specifically" states otherwise all employment is "at-will" which means the employee may quit or be terminated at any time for any reason or no reason with the exceptions of discrimination, retaliation or taking part in a protected activity.
"at-will" employment may be/often is a part of the employment agreement even when a contract is involved.
"cause" relates only to the qualifying for unemployment insurance. in many states simple poor performance is not cause and therefor the employee would qualify for benefits (assuming the meet all the other criteria). it is possible depending on the state that in this case the employees would not have been terminated with cause.
just cause is not required to terminate an employee and deny them benefits under UI but if an employee quits a job they must have had "just cause" in order for them to qualify.
if the company has an "at will policy"...Does that truly mean at will with zero legalities?
NO
it just means as long as the employer does not break any laws in the reason for the termination there is no such thing as "wrongful termination". |
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Miss Ann Thrope
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At will employment means you can be fired at any time for any given reason, sometimes no reason at all.
No documentation is necessary. |
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Lady Kay
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The company was completely within their rights to terminate the employee. The only legalities regarding at will employment center around discrimination, harassment, and retaliatory termination. |
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