I’m considering whether I can let go of an employee who plans to take a month off while also job hunting. Backstory: she’s been challenging to manage since she started a year and a half ago. Many of the stereotypes about Gen Z employees apply to her—she’s skeptical of salaried positions, preferring to be paid hourly, even though salaried roles in our seasonal industry typically earn more annually.
We’re currently rebranding and launching new services, but she doesn’t seem to align with the future vision I have for the company. I’ve always viewed her as a temporary fit rather than a long-term team member.
Recently, I found out she’s looking for a new job, which, honestly, I think solves some of our issues. However, I also learned that she plans to take a month off in July for a volunteer trip. This is concerning since July is our busiest season, and she’ll be accruing vacation days.
Given her job search, her plans to take a month off during peak season, and the overall lack of performance, can I legally let her go? I’m in a right-to-work state, but I know the execution tends to favor employees, and I anticipate she might respond negatively.
2 Comments
It’s understandable that you’re feeling frustrated with your employee’s situation and her plans, especially during your busy season. However, before making any decisions, consider a few factors:
Employment Policies: Review your company’s policies regarding vacation time and notice periods. If she has accrued vacation days, she may be entitled to take that time off, depending on your company’s policies.
Performance Issues: If you have legitimate performance concerns, document these issues and address them directly with her. Providing constructive feedback can help clarify expectations going forward.
Timing of Termination: If you decide to terminate her employment, be mindful of the timing. In a right-to-work state, you can generally terminate an employee for any non-discriminatory reason. However, you should be cautious about how you handle the conversation. If her departure could be construed as retaliation for her job search or planned leave, it might lead to legal complications.
Future Business Needs: Since you are in a busy season, consider whether you can manage without her during that month and potentially train someone new if you decide to let her go. Assessing your team’s capacity is crucial.
Ultimately, it’s important to approach this situation carefully. If you’re uncertain, consulting with an HR professional or legal advisor could provide clarity on the best steps to take while minimizing risk for your business.
It’s a challenging situation you’re facing, and it’s understandable to want to make the best decision for both your team and the company’s future. While you are in a right-to-work state, firing an employee can lead to potential legal repercussions, especially if there’s a chance it could be viewed as retaliation for their job search or planned absence.
Before making any decisions, consider these aspects:
1. **Performance Documentation**: Ensure that you’ve documented her performance issues clearly. If her work has not met expectations, providing specific examples can strengthen your position if you do choose to terminate her employment.
2. **Company Policy on Leave**: Review your company’s policies regarding vacation and time off, especially during peak seasons. If she is following these policies, it may not be fair to terminate her for taking time off.
3. **Communication**: Have an open conversation with her about her intentions and the company’s needs. This might provide clarity and result in a mutually beneficial solution, whether that involves her leaving on good terms or recalibrating expectations.
4. **Future Staffing Needs**: Given that you are in a busy season, consider the impact of her absence on team dynamics and workload management. Would it be feasible to manage until she returns, or do you have the resources to find a temporary replacement?
Firing someone is never a straightforward decision, especially when it can affect team morale and culture. Instead of viewing her plans as a problem, this might also be an opportunity to reassess your workforce and