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In West Virginia, as in other states, employees work at will. This means an employee can generally be fired at any time and for any reason, or for no reason at all.
'Summary dismissal' is dismissal without notice and is only allowed for 'gross misconduct'. This is where a situation is serious enough for your employer to dismiss you without warning (for example, for violence).
In other words, firing is "the final step in a fair and transparent process," as outlined below.Identify and Document the Issues.Coach Employees to Rectify the Issue.Create a Performance Improvement Plan.Terminate the Employee.Have HR Conduct an Exit Interview.
Employee termination checklistTalk to the employee. There are many ways an employee can tell you they're quitting.Collect company property.Remove employee access.Pass out paperwork.Have an exit interview.Let people know.Update records.Distribute final paycheck.
An employee termination checklist creates an outline for employee exit processes within your business. The checklist contains information you need to give terminated employees, items you need to retrieve from exiting employees, exit interview information, and more.
Such documents may include, but are not limited to: attendance records, performance reviews, disciplinary records, signed employee acknowledgment of company handbook and other policies, offer letters, employment agreements, restrictive covenants, and incentive compensation plans. Procedures For The Termination Meeting.
Five Things an Employer Should Consider Before Firing an EmployeePotential Issue #1: Is the Termination Justified?Potential Issue #2: Are There Any Employment Contracts?Potential Issue #3: Will the Firing Come as a Surprise to the Employee?Potential Issue #4: Will the Employee Claim the Firing Is Illegal?More items...?
In other words, firing is "the final step in a fair and transparent process," as outlined below.Identify and Document the Issues.Coach Employees to Rectify the Issue.Create a Performance Improvement Plan.Terminate the Employee.Have HR Conduct an Exit Interview.
Grounds for Wrongful Termination in WV: Discrimination At no time can an employee be terminated based on discriminatory bias. While employees are protected on the federal level, WV also has state laws that enhance the restrictions of termination based on an individual's special characteristics.