Massachusetts Checklist - When Should You Fire an Employee

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Description

The items in this checklist are not meant to be determining factors in releasing an employee. Rather, they are listed as items to consider in determining the value or contribution of the employee to your organization.

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FAQ

Recognizing the right time to fire an employee involves observing consistent negative behavior or performance issues. You should document instances of poor performance and provide opportunities for improvement. If these problems persist despite feedback, it may be time to consider termination. Using the Massachusetts Checklist - When Should You Fire an Employee can guide you through this decision.

This means that either the employer or the employee may end the employment relationship at any time, for any reason, or for no reason at all. Generally, neither party is required to give any form of notice or warning before terminating the employment relationship.

Wrongful termination occurs where an employee is discharged for unlawful reasons, which can include discrimination based on a protected class or retaliation. Employees who suffer a wrongful termination may bring a claim under both state and federal law.

Here are some tell-tale signs this one has got to go:Bad behavior is not corrected. Rules are not suggestions.They affect morale.They're damaging productivity.They're apathetic.They thrive on drama.They carry out major violations.They're that one.

Although it seems almost impossible to believe, employers in Massachusetts, or in any other employee-at-will state, can fire any employee at any time for any reason or even for no reason at all. An employer can terminate any employee, with or without notice.

Wrongful termination occurs where an employee is discharged for unlawful reasons, which can include discrimination based on a protected class or retaliation. Employees who suffer a wrongful termination may bring a claim under both state and federal law.

A termination checklist is an outline, master list if you wish, that lists what needs to be done at what stage when an employee is leaving your employ.

Acceptable Reasons for TerminationIncompetence, including lack of productivity or poor quality of work.Insubordination and related issues such as dishonesty or breaking company rules.Attendance issues, such as frequent absences or chronic tardiness.Theft or other criminal behavior including revealing trade secrets.More items...

11 reasons to fire an employeeSexual harassment, bullying, violence or disregard for safety.On-the-clock drug or alcohol use.Unethical behavior.Company property damage.Theft or misuse of company property.Misleading job application.Poor job performance.Excessive absence.More items...

Fire an employee when the decision has been made that employment termination is necessary. Preferably, this decision is made mid-week, early in the day on Tuesday, Wednesday, or Thursday.

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Massachusetts Checklist - When Should You Fire an Employee