Lay Off or Terminate Employee?

Betzi

We have 2 employees (we will call them 1 & 2) who were both hired in at approximately the same time (01/02), and they are the last 2 employees who have been hired. 1 is exceptional and the other just shows up but we have just started to receive documentation as to the lax nature of #2 employee which we will begin to put in his file. We would like to downsize as business as been down somwehat and have been doing some re-structuring and are wondering if we can offer lax employee #2 unemployment (laid off) or part time work driving the truck for the company at a salary reduction? He currently works as a Technician but has never shown his competence and we had given him a year to complete a "competence checklist" to make sure he could do all the pieces. We have found that we probably would do fine with the 1 less Technician but could use a part-time driver. FYI, we have no "RID" (Reduction in Force) policy and no current documentation in employee #2 file.

Thank You!

System

Aha, I'm not the only one up with the newspaper throwers. I find it odd that you say you have 'just started to receive documentation as to the lax nature...and will begin to put in his file'. Then later you say 'we have no documentation in the file'. That aside, I see no problem with making the best business decision you can make to retain the best performer and either offering the other guy alternate work or letting him go. If he is a member of a protected group, you may have to have some documentation to support your decision to RIF him instead of his co-worker. Document, Document, Document. It is not necessary to have a pre-crafted RIF policy. Prior to implementation of a RIF, come up with the policy, state it, record it, announce it....and stay with it.

Sunny

I agree - absent a union contract you are certainly free to make the best decision for your business and lay off or cut back your lowest performer. And Don, I prefer to think of myself as up with the milkman rather than the newspaper carrier.

System

Well Sunny, I figured Parabeagle or someone would make a wisecrack if I said I was up with the milkMAN. But, maybe I'll admit to being up gathering eggs with the farmer's daughter.

ray a

If you are looking at a layoff, Don is right (amazing he can be so lucid so early in the morning - I'm impressed), you must consider if the ee is in a protected class. What I have done on several occassions when the workload is reduced and we have a surplus of workers is terminate the bottom feeders, those ranked at the bottom. The most common reason they are there, is due to attendance - which is measurable. 99% of the time, they do not receive UI. Very clear cut and nondiscriminatory. You're here or you're not here. Of course, it is all documented.

Don D

In our state, a person who is RIFFED or laid off due to lack of work is always automatically eligible for UI, if otherwise (monetarily) eligible, regardless of the reason that ranked him as a bottom-feeder. I haven't heard that one applied to people but will use it.