Searching for a replacement before an employee is termed

Ruskanen

If an employee has poor attendance and you know that they will run out of available time off before they revest, is it wrong to search for and possibly hire their replacement before they are actually termed? We wouldn't fire the employee before they run out of time under the attendance policy, but their termination is perceived as inevitable because of repeated attendance problems.

Gillian

There is nothing wrong with being proactive and having potential new employees in the pipeline so a new hire can be made quickly. There are some problems, however, within the context that you describe. First, since any disciplinary action policy includes the premise that if someone changes their behavior the disciplinary actions will cease, what are you going to do if all of a sudden this employee decides to come to work every day and on time. Secondly, are any of the absenses for reasons which really shouldn't be counted - time off under family leave, jury duty, workplace injury etc. Finally, if this person challenges the termination and you have to defend yourself in some sort of hearing or lawsuit, you will not come across very well - it will look like you couln't wait to get rid of the person, not a good profile to have in a hearing or lawsuit.

Gar

I agree with Gillian. To piggy back on what she suggests, what will you do if, while still on the payroll, the employee finds out you've selected someone to take his place? Sounds like a potential sticky situation to me.