Letting an employee go simply because they are not competent

I am an extremely patient and generous employer who gives constant and unlimited guidance to my employees.

But I have an at-will employee who just doesn't have the communication skills that her customer service position demands.

Normally, I would document repeated coaching sessions and mistakes before thinking of letting someone go. Can I skip this process and just terminate her employment because I don't think she is or ever will be "good enough"?

Is that a legal enough reason to fire someone (Hawaii - if that matters)?

Is Hawaii an at-will employment state?

"let him go" - sounds like doing someone a big favor, letting him out of a cage, freeing an imprisoned person. What a nice boss to let someone go.

But I have an at-will employee...

If this is an accurate description of your arrangement, then don't let this person take any more of your bandwidth. Assuming you have other employees, this person is probably bringing them down too.

More importantly, spend a few dollars with a trusted attorney on this question. You'll pay for that consult many times over if you don't otherwise handle it appropriately.

But I have an at-will employee...

If this is an accurate description of your arrangement, then don't let this person take any more of your bandwidth. Assuming you have other employees, this person is probably bringing them down too.

Yeah, it's harder to tell what's worse, the employee who is not a good fit for the job, or the incompetent manager who hired said employee.

At least the employee should be eligible for Unemployment Comp if not fired for cause and not resigning voluntarily.

Is Hawaii an at-will employment state?

Yes, At-will.

"let him go" - sounds like doing someone a big favor, letting him out of a cage, freeing an imprisoned person. What a nice boss to let someone go.

Am I being a jerk?

But I have an at-will employee...

If this is an accurate description of your arrangement, then don't let this person take any more of your bandwidth. Assuming you have other employees, this person is probably bringing them down too.

More importantly, spend a few dollars with a trusted attorney on this question. You'll pay for that consult many times over if you don't otherwise handle it appropriately.

I will, thank you.

But I have an at-will employee...

If this is an accurate description of your arrangement, then don't let this person take any more of your bandwidth. Assuming you have other employees, this person is probably bringing them down too.

Yeah, it's harder to tell what's worse, the employee who is not a good fit for the job, or the incompetent manager who hired said employee.

At least the employee should be eligible for Unemployment Comp if not fired for cause and not resigning voluntarily.

If I was the person who hired this employee you would be right - I've made some terrible mistakes. But my office manager is a diamond and I can't blame her. The employee claimed to have resigned from a big tax firm as a multi-office manager after 30 years there and looked like a great find. Now it seems that she was let go from there (she lied to us - but not sure if can prove it or if it matters).

I'll allow this person to resign of course, but I'll take the UI hit with no grudge. I don't intend to "make up" any gross misconduct causes to avoid it, etc.

No sure about HI employment laws, but here in MA you need to keep documentation of the reasons your fired an employee even though it a "at will" state. 90% of the time the fired employee will file unemployment claim and then the unemployment office will start the process of gathering information to see if all the ts and is were crossed!

It is best if you can get a letter of resignation.

I am the tax preparer for 2 Employment Attorneys who make a handsome living - suing on behalf aggrieved - wrongly dismissed Employees.
What's your severance package? $20,000 plus to get a "general release of liability"?
You fire her - likely you will get sued.

Thank you ATS and Nova.

On what grounds will I likely get sued?

And then how can I prevent that?

Documentation of warning her of her mistakes?

Thanks

Wrongful Termination cause of action, Employment Attorneys around here sue for shocking amounts $800,000 to $3,000,000 heart stoppers, plus her attorney's fees and expert witness costs.
I'd find a real skilled Employment Attorney get a consult.

Check her Lawsuit History - see if she has filed before.
Some it's not their 1st Rodeo.

Thank you ATS and Nova.

On what grounds will I likely get sued?

And then how can I prevent that?

Documentation of warning her of her mistakes?

Thanks

You would be surprised. Hubby is HR Manager and some states department of labor departments also side with the employee. His boss pays big bucks for an employment attorney on retainer. Consult one.

20 years back I was a manager of a unit at a fortune 500 company. HR told us to document every "event or occurance" of an employee that was not by the book. Example, taking too many bathroom or coffe breaks, attending to personal business, tardiness etc. The reason for that is to build a case history before that pink slip is issued.

I still remember one young girl who got fired because she was on the phone one too many times with her boy friend when she was suppose to do filing/Wang word processing back in the day when managers dictated memos on a cassette player!

Wrongful Termination cause of action, Employment Attorneys around here sue for shocking amounts $800,000 to $3,000,000 heart stoppers, plus her attorney's fees and expert witness costs.
I'd find a real skilled Employment Attorney get a consult.

And if you are lucky, it will only be wrongful termination. If you are not so lucky, a sexual harrasment or ADA related claim will be tacked on. As others have suggested, get the advice of an attorney specializing in employment matters before you take action. Employment cases are almost never as straightforward as you would like them to be.

Thank God for Texas. You can terminate an employee for any reason or no reason. Which make sense because no employer is required to hire anybody. If you need the employee and they are doing their job then you would not need to fire them anyway.

We hired a part time lady who turned out to be not only incompetent but also could not get along with our office manager/receptionist (also a lady). Came in to my office on multiple occasions to complain about the other lady, one who had been with us 20 plus years and was/is excellent. Needless to say she did not win any points with this. It finally came to a point where I was going to terminate her when she came down with double carpal tunnel syndrome she claimed was caused from handling file boxes. I doubt she had to pick up a file box the whole 2 years she worked for us, only typed in descriptions of the boxes into an internal database. So she was off for surgery for several weeks which we paid her for, then when she decided she was OK to return to work I told her we didn't need her any more (which was true - it was months before we added another employee). She was making about $18-$20 an hour. After consulting with a labor attorney I sent her a document which gave her $2000 of severance and a release of the firm. She had her attorney demand a much larger amount. I replied that we felt the offer was fair and take it or leave it. She signed, we sent her the $2000 and that was the end ofa 2-year nightmare. We did not interfere with her unemployment claim and so had to pay a higher rate for a while.

Did I say thank God for Texas? No wonder businesses are flowing in the state at a remarkable rate.

Did I say thank God for Texas? No wonder businesses are flowing in the state at a remarkable rate.

You got it! In MA that claim would have cost you double or more plus attorney fees. We have law firms specializing in carpel tunnel syndrome, back pain etc and their clients are age 50 or more. So employers here are very careful hiring people over age 50

Did I say thank God for Texas? No wonder businesses are flowing in the state at a remarkable rate.

You got it! In MA that claim would have cost you double or more plus attorney fees. We have law firms specializing in carpel tunnel syndrome, back pain etc and their clients are age 50 or more. So employers here are very careful hiring people over age 50

It's just as bad in IL. It takes an act of God to get rid of a bad employee.