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.
Maryland Checklist - When Should You Fire an Employee
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FAQ
When an employee's behavior or lack of work ethic affects other employees, it's a sign that it's time to fire that employee. If one employee can bring down the morale of the entire office, department, or even company, and the behavior hasn't improved, then it's time for that employee to go.
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.
How Not to Fire an EmployeeDelivering a termination in any other way besides in person.Having someone besides HR or a manager handle the termination.Not preparing beforehand.Disappearing or phasing people out.Exiting an employee without a strategy or severance.Horror stories of terminations gone wrong.
If an employee isn't performing up to the standards expected for their position, you may consider firing them. Poor performance can include a lack of productivity as well as poor quality work.
In Maryland, employees work "at the will" of their employers. This means, in the absence of an express contract, agreement or policy to the contrary, an employee may be hired or fired for almost any reason -- whether fair or not -- or for no reason at all.
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.
A wrongful termination claim in Maryland consists of three elements: (1) the employee was discharged; (2) the discharge violated a clear mandate of public policy; and (3) there was a nexus between the employee's conduct and the employer's decision to terminate the employee.
To be wrongfully terminated is to be fired for an illegal reason, which may involve violation of federal anti-discrimination laws or a contractual breach. For instance, an employee cannot be fired on the basis of her race, gender, ethnic background, religion, or disability.
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.
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...
