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Things to Consider When Firing Employees
Being an employer can be a wonderfully enriching experience. However, there is one aspect of being a boss that few (if any) employers relish: firing an employee. Firing employees can be particularly difficult where an employer has developed a personal relationship with an employee, or where an employee has served a company for a number of years. Here are some tips to consider when firing any employee.
Think things through. Before you decide to fire an employee, make sure that you have thought things through carefully. If an employee is being accused of incompetence by a supervisor, do not take the supervisor's words without a grain of salt, no matter how much you trust the supervisor's opinion. Ask for documentation of the incompetence. Not only will this confirm the supervisor's opinion, it will protect you in the future if the employee challenges your decision. Do not act rashly.
Is the firing for a valid reason? Understand the valid reasons for when an employee can be fired in your state. Don't be vindictive. You can get into serious trouble if you fire an employee for the sole reason that they have informed authorities that you are violating laws designed to protect workers' rights and safety. The ramifications of violating a "whistleblower" statute are far greater than the cost to you of having to retain (and maintain a relationship with) an employee who accuses you of wrongdoing. The law in each state varies as to when an employee can be fired. Understand the law in your state before you decide it is okay to fire an employee.
Example: Minnesota has specific statutes and laws that make it unlawful for an employer to fire employees who testify against the employer in minimum wage compliance disputes, who participate in a union, or whose wages are being withheld for child support or other garnishment reasons. In addition, employers may not "penalize" employees for performing jury service and may not "retaliate" against employees for filing workers' compensation claims, safety complaints, wage complaints, or for reporting (or refusing to participate in) illegal activities.
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