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What to Consider When Planning to Fire an Employee

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Untitled design (10)Everyone wants to know that they are valued in the workplace. Unfortunately, there are several situations when an employee is asked to leave permanently, whether that is for poor performance, missing too many days at work, restructuring in the company, or for other reasons. When making the decision to fire someone, there are many  questions that the employer may want to consider. For example, the employer may need a burden of proof, showing that their actions did not violate the Fair Labor Standards Act.

What Type of Employment State is Illinois?

Illinois is considered an “employment at-will state.” This means that, at any time, an employer or employee may terminate employment with no known reason or cause. Even though the employer may freely terminate employment at any time, the reason cannot legally regarding race, religion, sex, nationality, or unfavorable military discharge.

What Questions to Ask When Letting an Employee Go

Making the final decision to fire an employee for any reason may take a lot of time and effort to carefully plan. There are several questions that should be answered before making that choice to let someone go. At least ten of these questions include the following:

• Is the employer abiding by company policy?

• Is the employer being fair?

• Is the employer following state and federal employment law?

• What termination documents are required?

• When should the employee be fired?

• What should be said to the employee before firing him or her?

• What final steps should be taken on behalf of the fired employee?

• Should the other employees be informed?

• What if the terminated employee contacts the employer again?

• What if the terminated employee asks for a reference check?

Terminating employment comes with many costs. Productivity losses during training, recruiting, and lost work amount to as much as 20 percent of the person’s annual salary. Employee turnover is very expensive, no matter what type of employee is terminated.

It is best to be as cordial as possible when firing an employee, even if he or she may get angry and slam the desk. The employer needs to be prepared for such actions, and no final decisions should be made to terminate employment until an experienced employment attorney has been contacted.

Contact a Schaumburg, IL Employment Lawyer

Firing an employee may cause distress to the employer, since now more money will be spent looking for another person to fill the predecessor’s role. If you are an employer that has been accused of wrongful termination, The Miller Law Firm, P.C. can assist you with your case. To schedule a free initial consultation, please call a Illinois employment law attorney at 847-995-1205 to get the help you deserve.


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