Firing an employee is one of the toughest decisions an employer has to make. However, whether for genuine reasons or not, getting rid of a problematic employee is not as easy as it sounds.
Employees nowadays know their rights and when they are being unjustly fired, they have channels of getting an attorney too. The following outlines the most frequently asked questions about firing an employee.
� Can I or Can’t I Fire an Employee?
In every country, there are laws governing labor practices within all types of industries. Most employer-employee relationships are governed by contracts. This contract outlines the guidelines on how to go about firing an employee.
Mostly, the clause gives circumstances under which the employer can terminate the employee. It is possible to terminate an employee, but an employer has to show substantial grounds for discharging an employee according to the contract in use.
� Do I Give a Fired Employee a Severance Package?
The law is not strict on giving a severance package while dismissing an employee. However, if the employer had promised to do that to the employee, then he/she should honor the promise.
If the contract states that an employer should do so, then the contract should be honored. It’s also advisable to give a severance package if it has been done to other employees in the past.
� What Can My Former Employer Say When Writing My Reference?
The employer should give honest opinions about an employee during his time in the company. These opinions should be based on performance facts and not just any personal feelings toward them based on a past personal relationship with the employee.
� If I Am Terminated Without Notice, and Given Positive Reviews, Am I Rightfully Fired?
If you’re an at-will employee, the employer is not bound by law to give a notice of termination. However, terminating a performing employee without reasons serves a signal that the company is not a secure place to work. In this case, an employee can consult with an employment lawyer and seek to know the reasons as to why he/she was fired.
� When Must My Employer Give Me My Final Paycheck?
Mostly, this varies from one county or state to another. But basically, if you are fired, you must receive the final paycheck before leaving. If you quit, you may receive the paycheck on the next payday.
� What Do I Do If My Former Employer Has Blacklisted Me?
Blacklisting adversely affects an employee in that his name is included in the list of undesirable employees and publishes it to potential employers. If the facts leading to blacklisting are sufficient, then an employee has no legal action to take.
However, if there are no sufficient grounds for blacklisting, employees can seek legal intervention. In some countries, it’s prohibited to blacklist employees, and in others it all depends on the facts at hand.
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