The Ins and Outs of Firing

You might want to fire employees with bad attitudes, or those who are just plain lazy. The question is: Can you do it legally? Here are some guidelines to help structure your staff as you see fit, without running afoul of government rules and regulations.

The Ins and Outs of Firing

Know the laws before dismissing problem employees.

Working with a disgruntled employee is hard on management and coworkers alike. But can you fire someone simply because of a bad attitude? What about a lazy employee or a troublemaker?

The answer: Yes and no.

The issues involved in terminations are complex, but by handling them properly, you reduce the chance your company will have to spend a fortune in legal fees to defend itself.

Of course, before taking action, you should check with a labor attorney. And make sure the reasons for any termination are supported by documents and records. Here are some guidelines:

• In general, federal and state laws and regulations don’t restrict a company from dismissing employees for being negative or lazy if they are employed “at-will.” That is, you signed no contract with them or a representative union.
• But discrimination laws do require that you apply performance standards across the board. So you’re looking for trouble if you only fire employees with bad attitudes who are, say, over the age of 40.

 

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