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Is it legal to fire someone through a regular employee?

If I want to fire someone, do I have to give 2 weeks notice? Is it illegal if I fire employee without it?

  • I gave her 3 warnings already. And this time she did something wrong and blamed it on other employee who is her best friend by the way. Do I have to give her 2 weeks notice? Can it be ...show more

  • Answer:

    It is not required or recommended to give a poor employee two weeks notice before firing them. Geez there would be nothing stopping them from sabotaging the business.

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You don't have to give any notice. How could you not know that?

David14

Typically when someone is fired it's effective immediately. Giving them notice would be unusual, and no it's not required.

Judy

It depends on your state and your HR practices. Most states have 'at will' employment meaning you can fire anyone at any time for any reason or no reason at all as long as the reason doesn't discriminate against someone because of gender, race, religion, age or national origin. It sounds like you have cause though to me, I don't see why you didn't fire her on the 3rd warning, you're really nice. I don't know every state's laws, but in Ohio, I'm pretty sure you can just fire her right there. Though, it's best to wait till a time when there are fewer employees/customers around in case she makes a scene.

Angie

Does she have a contract of employment? If so, the notice period should be stated on it. Either way - you may not have to give her any notice if she has had warnings about her performance and failed to improve. Check government websites for your country. In the UK, if someone is totally out of order (e.g. stealing or punching someone) you would be within your rghts to sack them on the spot without any warnings. For a lesser fault, they have the right to bring a friend/relative/lawyer to a disciplinary hearing, so be sure you have complied. Also, make sure your request was reasonable and she had a chance to improve. By the way it would be unwise to make her work her period of notice. Just send her home and pay her two weeks' money in lieu of notice. A disgruntled employee can cause a LOT of problems - vandalising the staff toilet, hiding paperwork, making offensive calls to customers on behalf of the company, adding horrible things to the food on sale or in the staff fridge, poaching customers, you name it. Don't quibble about the money - just get rid of her now.

Happiness Starship

Are those warnings in writing and do they specify how she should improve her work? If you fire her you better be prepared for a potential lawsuit.

sasquatch

2 weeks is good.

Jose

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