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Can you fire someone from a job with no question if they have been there less than 12 months?
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Can you fire someone from a job with no question if they have been there less than 12 months?

If someone you've taken on isn't even though they've been spoken to on a few occasions, doing the required job or pulling their weight, can they be sacked? The post has been in operation about 11 months.
Additional Details
It isn't me Erich but someone I know and I personally think he's lucky to still have the job. I'm not sure what his contract says.


Fred F
There are procedures to be followed in the UK/EU.
It is in fact quite hard to just sack someone for "not pulling their weight".
They need verbal,written and final warnings.

The only time someone can be sacked on the spot is for gross misconduct - which can cover a number of things.


Auntie Mame
Yes. In general, an employer may fire someone at anytime for any (or no) reason, just as you may quit at anytime for any (or no) reason. Exceptions are union or personal employment contracts.

As has been stated, generally rights on unfair dismissal don't kick in until someone has been employed for 12 months, unless they are being dismissed on discriminatory grounds. However, their contract may give them additional rights beyond the statutory regulations. For example, it might state that, once they've completed a short probationary period, they would be given a certain amount of notice by the employer if it was decided to terminate their contract or that any capability or disciplinary issues would be dealt with by the company's disciplinary/capability procedures (which might include giving them warnings and opportunities and assistance in improving their performance). If the employer has broken the terms of the contract in dismissing them, they could claim 'wrongful dismissal'.

yes you can, if you are going to do it, do it now before the 12 months is up then they have more rights.

Is your state at will? My state is. If it is, yes they can. But it does depend on what his pay plan (that he probably signed, like a contract) says. That does not mean that you can't bring up a wrongful termination case though.

What does it say in your contract? I'm sure they have to give you notice, being sacked doesn't sound good? you didn't explain why?

yes, simply most employers will get rid of you at this time if they wish for no reason as if you cross the 12 month limit you can then claim for unfiar dismissal

The law in every state is different. In Massachusetts you don't need a reason to fire someone, UNLESS 1.) You are firing them for certain legally prohibited reasons, (such as them being black) 2.) They have an employment contract, or 3.) They work for the government.

As long as you are not firing them for a prohibited reason (and they have no reason to think you are) and they don't have an employment contract, you are probably good. If they have a contract, read it. I don't think probationary periods mean as much as they used to.

Ipod... I am your father
As far as I know the employee must be issued a verbal warning, then a written warning, and then a final warning and if the conduct of the employee has not improved they can be fired.

Really depends on the employees contract or if there's a union.

I know on my contract there's a lope hole that states you can be dismissed for gross misconduct without warnings.

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