South-Western - Management  
Employers Often Fumble for A Way to Say 'It's Not Working'—But Honesty Goes a Long Way
Topic Employee Rights and Discipline
Key Words Employment-At-Will (EAW), firing, labor contracts
News Story

Figuring out how to fire employees who don't fit into the workplace can be very challenging for managers. Reasons why the person just isn't working out might range from personal chemistry to mismatched job skills, yet if the person is performing passably it can be difficult to find the words to let them go. Managers often make the mistake of keeping people too long because they don't know what else to do, or looking for evidence of poor performance, even though that is not the real problem.

U.S. employers have the right to fire employees not protected by a labor contract without reason. However, the courts often find in favor of the employee in these situations. When a worker just isn't fitting in, companies can minimize any potential trouble by following some guidelines. Managers should make sure that they understand the problem and that the employee does too. Marlene Maraco, a labor-law specialist and attorney suggests that employers try to consider options other than termination such as providing training, finding a different position, or arranging for a different boss. Also, employers should do everything that can be done to end the relationship on a positive note, including offering severance pay and outplacement counseling to help the departing person leave with dignity.

Many people who aren't fitting in aren't happy in their positions and would be happier elsewhere. The best situation occurs when the employee can also admit that it is a bad fit and move on.

Questions
1.

List at least three things that can be done to help smooth the way when you are forced to fire an employee who just doesn't fit in.

2.

U.S. courts often find in favor of the dismissed when it comes to cases of firing without cause. What are some of the reasons that could cause a court to find in favor of the plaintiff in such a case?

3.

What is Employment at Will (EAW) and how could it relate to a case like that described in the article, in which an employee just isn't fitting in?

4.

What are three rationales established by the courts for hearing Employment at Will cases?

Source "Employers Often Fumble for A Way to Say 'It's Not Working'—But Honesty Goes a Long Way," Wall Street Journal, May 1, 2006, PageB5.
Instructor Discussion Notes Discussion Notes
These notes are restricted to qualified instructors only. Register for free!

Return to the Employee Rights and Discipline Index

©2004  South-Western.  All Rights Reserved     |