Replacing an ee

jeanj · December 2002

We are going to be letting an ee go using company financial reasons. It is my understanding you have to wait a certain amount of time before you can replace them, is that correct? What is we offer lower wages? Your input is appreciated.

Cinderella · December 2002

what's the "real reason" you're letting them go?
Cinderella

Don D · December 2002

I know from your post that company financial reasons is a ruse. You are terminating for other reasons, so why not honestly deal with those reasons. There is no magical number of days which must pass before you can fill the job. If you tell a person in a protected class you are letting them go and eliminating their position due to budgetary reasons and then you refill the position with a person of a non-protected class (race, sex, age, etc) and the person feels you lied and really let him go because of race, sex, age, etc. you are in for an ordeal. It becomes your task to show why you let him go, not his. Your job is to recommend to your superiors that the company not use blatantly transparent reasons for termination that the company cannot begin to explain away to the satisfaction of a hearing officer or court. And explaining an action with a falsehood added in, is doubly tough. On the other hand, our company has in the past eliminated a sales territory and the position that went with it and some eight months later we did decided to reconfigure the country to reestablish the dismantled territory and hire another sales person. We were careful, though, to have documentation substantiating that the person we let go was totally unproductive and not a candidate for rehire and would have been terminated without the restructuring.

jeanj · December 2002

Thanks for your input. If you will remember the "introductory period" post a while back, this is that employee. For some reason, my boss and this person's supervisor are afraid to just let him go. He is in a protected class, but according to his own supervisor, is unable or unwilling to perform as required. I advised them (the bosses) yesterday to just let the guy go and that his performance evaluations will stand as documentation. But to help me give them the extra shove, I will share your replies as well. Thanks again to all of you.

Gillian · December 2002

The skepticism that you have read is the same skepticism that an attorney, jury or hearings officer will have. If the reason is truly financial you should be prepared to prove it if challenged.

Nick Ogden · December 2002

I use a 30-60-90 day written performance review form for all employees. If done in a clear and objective manner, you have all the documentation you need for releasing the person. The key is to be absolutely honest in the evaluiation. No new employee should be give excellent marks across-the-board when they first start.

vmiller MO · December 2002

I agree with DonD. The exercise that your management is going through has a legal label--"Pretext." If they really want a safe period of time, wait a year or until there is a unexpected, substantial increase in business if the time frame is less than a year.

Nevertheless, I go with DonD--go with the legitimate, nondiscriminatory reasons.

Replacing an ee

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