I am prompted to speak about terminating an employee. Why, well I am hearing far too often these days how an employer just wants to jump in and terminate! You have to be very naive if you honestly think that is going to solve all the problems and issues regarding an employee or a bad seed.
When an employee has not been to work for a day or two or decides to leave a voice mail they are in need of emergency leave, which according to the ESA it is 10 days of unpaid leave but their job is still there, and you cannot terminate just because they needed the emergency leave. Nor can you just terminate due to being scared they might not return. Too many employers are forgetting about the ESA, Human Rights Act and Common Laws not to mention the other various Acts and legislationa that are out there.
I have always advised employers that yes of course you can terminate anyone you want, BUT, are you willing to pay the price in order to do that? There is ALWAYS a price to be paid for jumping the gun and just terminating. Is it not a lot better to do it the proper way and find out why this person is not performing as they have since the beginning?
When you’re thinking of terminating an employee, ask these questions first; Why is this individual not performing, why are we not happy with them, what has happened that is leading us down the termination path, is this person of any value to the firm, how long have they been with the firm, is there any previous violations of company policies or anything done against the goals and reputation of the firm, can this be thought of as termination for just cause, or is this going to be looked at as constructive dismissal.
Once you have asked and answered all these, and more, then you will know how to respond to the situation at hand.
When in doubt, contact a lawyer or paralegal for some help, or ensure that your HR has past experience and a bit of law in their background is a great asset as well.
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