Termination of an Employee

The purpose of this research paper is to discuss a specific topic of employment law, termination of employees, at Carlson Inc. This paper deals with a specific employee being terminated, that is, being fired for ineffective work performance. Two reasons for dismissal of an employee, namely absenteeism and poor job performance, are discussed later in this paper.

Fired is probably the word most often used for termination, and yet, in a majority of cases, it is incorrect. Fired implies involuntary dismissal for cause (poor performance, violation of rules). However, most people do not lose their jobs for any of those reasons. Today people are terminated for a number of reasons (Sweet, 1989, p. 5). Specific ones include the following: attrition because of merger or acquisition; discontinuance of a service or the closing or relocation of a particular facility; reduction in the workforce because of a shrinking or disappearing market; expansion, requiring broader skills than the capabilities of the incumbent employees; office politics; and ineffective performance, demonstrated by an ability to fulfill assigned duties (fired).

Charlie Evans is a marketing executive with Carlson, Inc., formerly a small, privately-owned, electronic and computer parts company with 65 employees, located in Los Angeles. After purchasing an ailing computer company and merging with it, the company increased its number of employees to more than 300 and found itself bloate

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ract will state reasons for which an employee can be fired. The legal aspects of termination of employment for sickness or unauthorized holiday leave must be satisfactory to the courts should the employee file suit. Dismissal for acts of dishonesty requires extremely well-thought-out, planned legal strategy. Before any decision is made, a thorough investigation must take place, since the suspected employee may file a defamation suit. In general, any employer has the right to fire, even without reason, as long as it does not fall within the range of discrimination or violate the law. Therefore, an employer can fire an employee who is not doing his or her job and can refuse to hire or fire anyone for any reason not prohibited by law. Other reasons include the following: the employee not doing his or her job, the employer not liking the employee, business being slow, or the employer's nephew needing a job. For whatever reason, especially in a small company where the employer and employee work in close contact with each other, the employee is not as likely to question the reasons for being fired. Most of the time, the fired employee knows and accepts the firing and refrains from outright protest, hoping to at least get a

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