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Employee protection from termination after bankruptcy

offadminoffadmin 13 Posts
in HR & Employment Law Vote Up0Vote Down
Can anyone tell me how long an employee is protected from being terminated after filing bankruptcy. I have an employee (who has never been the ideal employee)that has filed bankruptcy. I started to let her go a while back and decided to give her one more chance being that she is a single mother and now she has filed bankruptcy. My problem is that everytime I'm required to discuss an issue with her, she turns it into a personal attack on me and then holds a grudge and refuses to even acknowledge when I speak to her unless I ask her a direct question which requires an answer. Any suggestions?
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  • 2 Comments sorted by Votes Date Added
  • MentelMentel 179 Posts
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    You need to have a sit down with her. In advance, prepare a document detailing the problems with her performance, dates of when it has been discussed in the past, any past efforts to improve it and what she needs to do now. Put a deadline on her achievement of ALL areas of performance. Have HR and the supervisor in there for this discussion. Go in with a full head of steam this time. Do not let her speak until you have had your say. Don't let her get you off of the subject of her performance. When she does speak, again keep it on performance and not other issues. You are in charge, not her. That doesn't mean that she doesn't have a chance to speak, it only means that you will set the agenda, not her. I have had to do this before. Be sure to give her a copy of the document detailing her performance and what she needs to do to keep her job. Be sure to tell her that she will be terminated if she does not meet these performance goals. Be sure to get an ackowledgement from her that she understands what the goals are and what will happen to her if they are not met. Just ignore the bankrupcy. That has no bearing on this.
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  • offadminoffadmin 13 Posts
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    Thanks for your prompt reply. Part of the problem is that I am HR and her immediate supervisor but I can see that I still need to follow the same type protocol you mentioned.
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