Employee not meeting training guidelines and procedures
I want to terminate an employee thats just dragging their feet. I've written her up twice because she is not preforming at her level of training. I also gave her a verbal warning.
In the state of Pennsylvania is it legal to terminate somebody verbally. Or do you need a specific procedure?
Deadbeat employee is dragging her feet, and mine!
Please inform.
Thank You
Answers (1)
There is no 'procedure' legally required in Pennsylvania to terminate an employee.
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.
That being said, There is no 'procedure' legally required in Pennsylvania to terminate an employee. In Pennsylvania, unless an employee has a contract of employment, they are employed 'at will' - that means that they can be fired at any time, for any reason.
However, just because there is no legally required procedure does not mean that a 'quick and dirty' termination won't expose you to liability. The employee may be able to point to the termination as evidence of bias based on race, gender, age, disability, etc. Terminating an employee in retaliation for complaining of discrimination, taking worker's compensation benefits, refusing to engage in illegal acts, and a numbe of other reasons, is also illegal.
Therefore, while it is not legally required, a thorough termination process is good business practice. Such a process can minimize exposure to liability for you personally as well as your business, and creates clear expectations for employees, which can avoid harming employee morale.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.
/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
401 City Line Avenue,
Suite 904
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
posted by Christopher Ezold | Jun 9, 2005 07:55 AM [EST]
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.
That being said, There is no 'procedure' legally required in Pennsylvania to terminate an employee. In Pennsylvania, unless an employee has a contract of employment, they are employed 'at will' - that means that they can be fired at any time, for any reason.
However, just because there is no legally required procedure does not mean that a 'quick and dirty' termination won't expose you to liability. The employee may be able to point to the termination as evidence of bias based on race, gender, age, disability, etc. Terminating an employee in retaliation for complaining of discrimination, taking worker's compensation benefits, refusing to engage in illegal acts, and a numbe of other reasons, is also illegal.
Therefore, while it is not legally required, a thorough termination process is good business practice. Such a process can minimize exposure to liability for you personally as well as your business, and creates clear expectations for employees, which can avoid harming employee morale.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.
/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
401 City Line Avenue,
Suite 904
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
posted by Christopher Ezold | Jun 9, 2005 07:55 AM [EST]
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