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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.
It will be rare for it to be reasonable to dismiss an employee for poor performance without first going through the disciplinary warning process. Dismissal without giving warnings first would have to be for gross misconduct, and poor performance is unlikely to be defined as gross misconduct.
Employee termination letter for poor performance Dear ABC, We regret to inform you that your employment as (add job title) with (add firm name) has been officially terminated with effect (add date).
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.
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.
Have a fair reason for the dismissal. act reasonably in treating that as a reason for dismissal in each case. follow a fair (formal) procedure in carrying out that dismissal.
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.
It's a natural human thing to want to say 'I'm sorry,' says Grote. But when it comes to firing a poor performer, he recommends couching your regret in terms where personal responsibility lies squarely on the individual. He suggests saying something like, 'I'm sorry that the situation has gotten to this point. '