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reasons for firing

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mefny

Guest
What is the name of your state? NY

I have read in some of the other posts that you can be fired for any reason as long as it is not one of the prohibited/protected areas; race, religion, age etc. I have heard similar things in the past. My question is then why do employers go to such great lengths to document and create "paper trails" before terminating an employee. I have worked at organizations that really take careful and numerous steps (negative evaluations, and documentation of written warnings etc.) before firing someone and doing so because they fear lawsuits if everything is not done correctly.(I was told this by the supervisor who was trying to fire someone).

So, what is the actual truth?

Just wondering... thanks.
 


Beth3

Senior Member
1. Giving employees ample notice that they have performance problems and allowing them sufficient time to address them is, in most instances, simply the right thing to do. Documenting things provides clarity as to what exactly the problems are, what the employee needs to do to improve, the necessary time frame, and what the consequences are.

2. Not to detract from those situations where an employer has violated discrimination or other laws, many, many claims are filed each year by disgruntled ex/employees with the DOL, EEOC, etc. that are without merit. Employers need to be able to demonstrate that the employee's race/gender/age/etc. had nothing to do with any disciplinary action that took place and that they consistently followed their disciplinary policy. Thorough documentation is the only way to demonstrate that.
 
S

Sinsaint26

Guest
To elaborate a little on what Beth said, employers try to have the disciplinary system set up to keep employees aware of where they stand with the company. The system is set up so that most employees will see the termination coming. This may deter disgruntled employees from filing false complaints because some know that they were given an opportunity to change and others will not file because they know the employer has all the documentation to prove their actions. Some employees take these write-ups/counseling sessions, learn from their mistakes and take steps to become a better employee. The ultimate goal for companies is to retain employees and disciplinary systems help companies keep their turn over rates down. Another big issue is UC benefits. Good record keeping helps keep bad employees from receiving benefits they shouldn't be entitled to, thus reducing employers cost.
 
M

mefny

Guest
Thank you both for your responses! That helps clarify things.
 

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