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Termination resulting from poor performance is sometimes considered "without" cause, although the cause is the lack of production or poor performance. To fire someone for this reason, it is generally best to document the performance compared to goals.
We now know that an employer is allowed to fire an employee based solely on poor job performance. However, knowing both why you can fire an individual and how to fire them properly can minimize your exposure to an EEOC complaint or other retaliation.
If the employee wants to vent or express unhappiness, you can simply say, "I understand you feel that way, but the decision is final." And, particularly if you didn't make the termination decision, resist any temptation to distance yourself from the situation.
Here's what you need to know:Be prepared with documentation.Write a termination letter.Schedule a meeting.Keep the meeting short. Don't be tempted to apologize, give a second chance, or discuss personal traits.
Wyoming, like many other states, has adopted at-will employment laws. This means that if a worker does not have a contract with his or her employer, or if there are no other statutes governing the relationship, the company can end the employment at any time and for any reason.
For example, if your Wyoming employer fires you for discriminatory reasons, in violation of an employment contract, or in retaliation for exercising your rights, you may have a legal claim against your employer for wrongful termination.
Wyoming Termination (with Discharge): What you need to know Wyoming is an employment-at-will state. This means that, in the absence of a contractual relationship or statute, the employee or employer may end the employment relationship at any time and for any reason.
Dismissing an employee for underperformance You must have a valid reason for the dismissal relating to the employee's capacity or conduct, and follow a fair performance management and dismissal process. Employers cannot dismiss their employees in circumstances that are harsh, unjust or unreasonable.
What to say when firing someone who is not a good fit: This isn't working out, so I'm letting you go. I understand you have questions and are likely surprised, but we're ending this employment relationship because it isn't a good fit. The decision that we have made, while tough, is final.
Suspending an exempt employee without pay for disciplinary reasons is permissible under the Fair Labor Standards Act, provided employees are aware of company policies regarding workplace behavior. The policies must be in writing and they should apply to the entire workforce.