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Sunshine | -thinking about laying off an employee or two? |
One particular employee has been with the company the longest. Will it be in violation of any labor laws in terms of discrimination. He is the least productive and the oldest. |
 |
 
Sharmil M
|
Your question is interesting because while the question is simple, the answer is complex. In short, unless you have a contract with the employee, you are free to terminate an employee at any time and for any or no reason. However, Federal and state law also govern your relationship with your employee. The federal law that you are probably familiar with is the Civil Rights Acts, which prohibits discrimination for race, sex, religion, color, and national origin. The Age Discrimination Act prohibits discrimination based on age. In addition, the American Disability Act prohibits discrimination based on disability. (There are also state laws that govern your relationship, but because I do not know what state your business is located, I won't take a guess about state laws.)
Because you are contemplating terminating an employee, your biggest concern, in addition to complying with federal and state statute, is protecting your business from a discrimination or wrongful termination lawsuit. The key to defeating a discrimination claim is implementing a Standard Operating Procedure that you strictly follow regardless of the candidate or employee. You must demonstrate that you treat all employees equally regardless of race, gender, age, or national origin.
My best advice is to speak with a business attorney. Work with your attorney to develop a strategy for terminating your employees that will minimize your business’ exposure to a lawsuit or penalties. Unfortunately, if you terminate your employee incorrectly, the only remedy can be expensive—a money judgment.
Good luck.
Sharmil McKee
Business Attorney
Philadelphia, Pa
www.mckeeoffice.com |
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Jen
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If you are doing layoff's, seriously consider why. If it is a matter of reduced need, then yes you should have one, but if you get rid of the oldest (and most senior employee) be prepared for a lawsuit.
Additionally, if you do it as a layoff, and then decide you really need to have the position after all, you really need to rehire the person you laid off, or he/she will claim discrimination.
If you simply want to "get rid" of an employee (a particular one for poor work), you need to start documenting this, and telling the employee to start working. Keeping a file on an unproductive worker (that is signed by the employee to prove he was told of the problem) protects you. |
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asu_oko
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Yikes... I was reading some of the answers. Wow...
Since he is the most senoir employee, you need to realize that generally speaking, employees will slow down with age. As a manager, you should not think of things in terms of whether you'll be sued or not. ALWAYS assume there'll be a lawsuit when layoffs are involved. If you've already determined that you will be terminating his position, your first steps MUST be to create a paper trail. Document any current and future infractions. Give him written warnings. If he has any amount of intelligence, he will know what's going on and either improve his performance, or start looking elsewhere for employment. The key is to assume that you're in a courtroom and you have to justify to a jury why he was terminated. Just saying that he was not productive will NEVER fly.
That being said, I've made it common practice to always give employees an opportunity to improve. That is, unless they've committed a serious offense and cannot explain or justify their actions. You should think in more terms than performance. Such as, how will firing this employee affect the office, both in man-power and morale? Can you fill his position easily and with comparable pay?
good luck!!! |
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TedEx
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If your company had a good HR person, you'd know the answer to this. I assume this is not the case.And now you need one.
If you lay the older one off, you could be opening the door very wide for an age discrimination suit.
I would find a consultant who is well versed in HR and discuss it with him. his cost will be microscopic compared to the legal and damage costs you could incur. |
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iazniguy
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well he is least productive so you have a reason for laying him off. But i suggest you lay him off on a friday because it is the best day of the week and it would be unexpected. Also mention all the good things about him first then say however and explain why you are letting him go. |
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Tim
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You just need to document the valid reasons for doing so. If it is obvious you are getting rid of only older (higher paid employees) you could have an issue. It would help if you have documented warnings to the employee that he needs to be more productive.
If reviews have been good and then you dump him, it could be problems. |
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bleuparrot
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Offer an early out package. Being older and with the company the longest, that person may want to move on. With a little incentive, you may both be winners. |
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practice_what_u_preach
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just let him know that he needs to be more productive. If he does not change well you gave him an option |
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