Terminating an employee? Here's what you must consider before firing.
Most of what you read and hear refers to an employee's rights
in the workplace but an employer has legal rights as well.
In general, an employer has the right to expect an employee
to perform the duties and tasks required of the job in return
for payment. But with the frequency of employee lawsuits, it
is important that employers know what their legal rights are.
Employers Rights Legal Hiring Practices
First, you as an employer have the legal right to not hire
someone unqualified for the position. You must make sure a
person does not have the right combination of qualifications
for the job. Further you must prove the person you do hire
was the best-suited for the job. You do not have the right
to refuse an employee a job based on race, gender, and religion.
You also cannot refuse to hire a person because of a disability
if they meet the qualifications and their disability will not
prevent them from performing the job.
Second, you have the legal right to not hire someone with
a current drug problem. This is why many employers require
a preemployment drug screening test. However, you may not refuse
to hire someone solely based on a prior drug problem which
they have overcome. If their addiction is not longer a problem,
this is not a valid reason to not hire this qualified individual.
Your Rights When Firing An Employee
You have the right to fire someone whose work performance
is unsatisfactory. But like other reasons for termination such
as insubordination and poor work habits, you must give the
employee feedback, training and chances to improve.
For some terminations, you have the legal right to fire immediately. Let me
explain. If the employee performs illegal acts, is violent or jeopardizes the
safety of other employees, you have the right to fire them right away. Make
sure you clearly explain any behavior that is grounds for immediate termination
in the employee handbook.
Also once you fire an employee, you have the legal right to
refuse to give a positive reference. Your safest policy is
to only confirm the employee worked for the company and the
dates of employment. Make no further comment. An employer's
lack of words should be enough.
There have been instances where employees are hired under
false Social Security numbers. The Social Security Administration
may discover this. When they do, they will send a mismatch
letter back to you. You can fire the employee for this.
And when you fire an employee, you have the legal right to
not let that employee return to his or her work area to recover
personal belongings. In this case, you must box up the articles
and either put them in a safe place where the employee can
later pick them up or mail them to that person. This ensures
the safety for not only the employer and but also the remaining
employees remaining in the work area. A terminated employee
has the potential for doing all sorts of malicious acts.
If you ever have any doubts about your legal rights as an
employer, the Employee Termination Guidebook is a valuable
reference to have to answer your questions.
The
employer's guidebook to progressive discipline and employee
termination
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