The Best PEO Advice in Terminating or Hiring Employees
When an employee fails to meet the status quo of their job, firing someone can be difficult. Though many employers would like to let go of their “problem employee”, employers can be hesitant to do so. Over the past couple of years, our country’s judicial system has passed various laws that have made the process of firing an unwanted employee much more challenging. There are numerous reasons for letting an employee go that are clearly stated
by law as unlawful. The most frequently cited employment bias charges according to The Equal Opportunity Commission were related to hiring and firing practices. The best PEO can
make this dreary process easier for you, the small business employer. Here are some helpful tips on how to legally fire an employee and how one option may be using the Best PEO to assist with this course of action.
When hiring an employee, there are certain topics of discussion that should not be asked. Race, age, sex, religion, and national origin are examples of such topics that cannot be mentioned. An employer also may not ask about the existence or extent of one's disability unless there is justification that the handicap would interfere with one's performance on the job. An employer cannot question the applicant on previous arrest records that did not result in convictions. In short, any information that is not imperative to decide the applicant's capacity to carry out the responsibilities related with the job cannot be asked. If the employer so chooses, he may inquire if the applicant is an adult or has the legal right to be working in this country. To ensure that a dangerous topic does not arise, it is wise to use the Best PEO Outsourcing company you can find to provide recommendations on possible conflicts when hiring.
With so many different ways that a termination could go wrong, you as an employer, are probably wondering if there is an easier way. Well, there is. Using a Professional Employer Organization can make the termination process easier and more efficient because the best PEO will understand best practices. PEO Companies take care of any legality issues that may arise and, more often than not, save you the hassle of costly lawsuits. The PEO can provide guidance on employment regulations and termination requirements. Employee leasing services professionals can almost always answer questions involving legally firing an employee and provide access to human resource experts.
By using the following suggestions you can make firing an employee somewhat easier. However, we recommend working with a Professional Employers Organization prior to this and reducing the risk of a disgruntled employee filing a law suit for harassment or unlawful firing. When an employee’s performance is not up to par, the employer has every right to fire the employee if the appropriate steps are followed. It is necessary to have to proper documentation and give a fair amount of warning if legally required. Be swift with the termination in order for this transaction to go smoothly and allow your business to continue operating as usual.
About the Author
Anthony Kelly is a frequent contributor to PEOcompare.com and has experience working for small businesses and employee leasing companies since 1997. He frequently writes about compliance, HRO, PEO insurance, and other issues affecting the small business owner. PEOcompare.com's PEO Services matching tool helps you find the best PEO to match your needs.
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