What Should I Do If I Need to Terminate an Employee?
Many business owners hesitate to terminate an employee, often preferring to wait for the employee to resign. But what if the employee doesn’t resign? Before taking action, it’s important to understand the legal context of employment termination in Florida.
Legal Context
Florida is an at-will state, meaning either the employer or the employee can end the employment relationship at any time without a reason, unless an employment agreement exists. Such agreements often outline appropriate reasons for termination and define the process, applying to both terminations and resignations. It’s crucial to follow the terms of any employment agreement to avoid breaching the contract, which could result in a lawsuit.
In the absence of an employment agreement, businesses are free to terminate an employee for any reason, as long as it is not for a discriminatory reason. It’s illegal to terminate an employee based on race, gender, national origin, disability, or religion. However, termination for other reasons is permitted.
Importance of Documentation
Every business should have an employee handbook detailing expectations, rules, and the disciplinary process. This ensures employees understand how the disciplinary process works and are not caught off guard. While there is no specific rule on how the disciplinary process must be conducted, it should be clearly defined and accessible to employees. Typically, the process might start with a documented conversation. It may then progress to suspensions and, if necessary, termination.
It’s vital to document employee issues as they arise and follow the disciplinary process outlined in the handbook. Maintaining a personnel file for each employee is essential. This file should include notes from supervisors on conversations aimed at correcting performance issues, along with relevant emails. Proper documentation is crucial if the employee is terminated and seeks legal recourse. It demonstrates performance deficiencies, efforts to correct these deficiencies, the lack of improvement, and the reasons for termination.
Conducting the Termination Meeting
When the time comes to terminate an employee, it’s important to handle the meeting professionally and compassionately. Plan the meeting carefully, have all necessary documentation ready, and consider having a witness present. Be clear and concise in your communication, explaining the reasons for termination without engaging in lengthy debates. Provide information about final pay, benefits, and any company property that needs to be returned.
Seeking Professional Help
Deciding to terminate an employee is never easy, but it may be the best decision for your business. We are here to help you navigate this process, whether by creating an employee handbook, consulting during the disciplinary process, or representing your business in court.
Call our office at 850-386-5777 or use our contact form for assistance.