Can this employee be fired -- have the correct steps been followed?!

Question

* original hire date ~ July 1, 2007

* end of probationary period ~ January 1, 2008

* unsatisfactory / period to improve - 45 day extension of probationary period ~ February 28, 2008

* one evaluation due ~ July 1, 2008

*two supervisors verbally told the employee he was doing a great job and were going to wait until Council approved the new budget to give the evaluation (more money in the new budget) ~ was told on June 27, 2008

* now it is August 11 and one supervisor is talking about looking at firing the employee due to performance standards

** Employee handbook states there should be a verbal warning and then a written warning --- the period to improve count as a written warning?

** can this employee be fired 'rightfully'?

Thanks for the help in advance!

Answer 1

I'm not an attorney, first of all.  Generally company policies are followed by company employees.

On the other hand, it's my understanding that you can be fired by your employer at any time- unless there is discrimination involved.

I recommend this person go job hunting now - right now.  Even if they aren't fired, it's not looking good for their future here due to a perceived bad job performance.    Perhaps they need to find another line of work altogether.

I'm not saying this person didn't follow guidelines, etc. - but if the bosses don't like you, move on.  Why get stressed?  This way, they don't have being fired on their record.  There are lots of jobs out there, get one that is a better match.

Answer 2

What happened to the guy, that he went from doing "great" to substandard performance? (Not relevant, I'm just curious)

Was he given a verbal warning? Was that warning documented?

Supervisors must follow company policy guidelines, and not just talk amongst themselves about "what they're gonna do".

Answer 3

Depends on where you're at.  Most times employees can be fired for cause but you will still have to pay unemployment  Since your employee handbook goes through some steps towards firing, it might be a good idea to make sure that those steps are followed in order to prevent the employee from coming back on you with a wrongful firing suit.

Answer 4

With most jobs when starting you have to sign a paper that pretty much says you can quit at any time for any reason and you can also be fired at any time for any reason.   General code of conduct for poor perfomance would be;

1) Verbal Warning

2) Written up with one week un-paid suspension

3) Termination

You should look in your companys associate guide to see exactly what they list for there procedure. Good luck