if you're an employer and an employee doesn't do her job and you have the proper reasons to fire her, can you fire her on the spot? or do you need to let her work for about a week so she could find a new one? i'm not talking about layoff, i'm talking about the employee is terrible at her job and you want to fire her. if an employee quits without letting the employer know in advance (providing there was no friction between the employer and employee), is it wrong of her? i'm not asking if it's illegal, i just want to know if it's not cool. thanks!
1. If someone isn't doing their job, you can fire them whenever you want. 2. If you plan on leaving a job, it is appropriate to give the employer 2 weeks notice before leaving.
thanks. i didn't know about the 2 weeks advance notice. i need more opinions in order to prove this person wrong.
Assuming you're talking about Texas.... ATTENTION ALL TEXANS: Texas is a "work at will" state, which means that the employer can dissolve the relationship at any time.
This is also true (pretty much). The thing is... if an employer fires you in Texas because they become prejudiced against you (such as, they learn that you're Jewish), it might be illegal. But truthfully, it wouldn't come to that: the official reason for the firing wouldn't be "because she was Jewish".... they'd just fire you because "services were no longer required" or some other reason.
thanks everyone. this is good proof. droxford, just wondering, are you a lawyer or somewhat law related?
you're about to educate me on the law, because i'm unaware of the 15 employee thing. the only exceptionin texas i'm aware of is the public policy exemption...which basically says if you're reason for firing the person flies in the face of public policy, you can't do it. example: you're fired for not helping the company lie, cheat or steal.
From my understanding (we just had a harrassment course at work last week), you can fire in Texas for any reason, other than race, sex, color, national origin, or religion. However, the exception doesn't apply to companies with less than 15 employees. I could be wrong, though. But I know Major always teases me about that.
just like it's not cool to quit without giving 2 weeks notice --- it's also not cool to fire someone on the spot without warning and giving them a chance to change (unless you caught them stealing, defrauding or some other kind of gross negligence).
I agree. It may be legal, but it's not cool. Give the person a warning and tell her what she's been doing wrong and see if she improves. Employees are human beings too. We've all been in that position where we wanted to do the right thing but were just a little clueless.
Most places I have ever worked, you give the two weeks notice but the company ends up shortening that substantially. At Apple, if you quit or get fired, a security guard would come by your cubicle with a box and watch you gather up your stuff, take your badge, walk you out to your car, and then watch you leave the premises. Security guard with a cardboard box walking around would be followed by a wave of cubicle gophers poking their heads to see who was getting "walked". Sometimes people get sad, sometimes they get happy.
you mean the public policy exception doesn't apply to companies with less than 15 employees?? or that at-will employment doesn't apply to companies with less than 15 employees?
I dunno about that At-will does apply and they can fire you if they don't like the fact that your Jewish...according to what I heard the other day.
