Re: GETTING FIRED FOR GOSSIPING

From: Holly Elissa
Email: hollyelissab@comcast.net
Date: May 25, 2007

Comments

In "at will' states, technically, an employer can terminate an employee at any point. All the employer has to say is: "It's just not working out". No rationale or explanation needs to be given.

Similarly, an employee can resign at will, without giving a reason.

The employer, however, cannot terminate an employee because the employer is acting in a way that is racially biased (or shows age discrimination, etc).

During the probation period, terminating an employee is much easier than it may be later. Again, the employer can simply say: "It's just not working out." No explanation has to be given.

For most programs, once the Probation period is over, program policy mandates that the employer follow the 3 steps of Progressive discipline. The conscientious rescue effort kicks in.

Have you ever had the strong sense that an employee wasn't going to do a good job? However, you kept her/him on in hopes that s/he would improve? In the majority of those cases, the employee does not improve. This is an example of why "at will" termination of an employee simplifies what later might become a complex process.

In any case, some employee wrongdoing warrants immediate termination, regardless of where that employee may or may not be in the "progressive discipline" process. If, for example, you observe an employee stealing from the petty cash, or yelling at a child, you can terminate the employee instantly.