Employee Counseling & Termination

Frequently Asked Questions

If I am an at-will employer, can I freely terminate an employee?

Most employees are hired "at will," meaning that there is no formal contract governing the terms of their employment. However, an employer should not assume that they can fire someone "at will" without demonstrating good cause. There are numerous federal and state laws that limit an employer's options. Examples of such limitations include:

• Under the Employee Retirement Income Security Act, an employer may not terminate an employee to keep the employee from vesting in or qualifying for benefits under a pension plan.
• The Americans with Disabilities Act prevents an employer from firing an employee who has become disabled. Disabilities included under the Act may include those that require extensive leaves of absence as well as those that are alcohol or drug related.
• State laws, such as those in California, prohibit an employer from firing an employee for serving on jury duty, filing a workers' compensation claim, or for refusing to take a polygraph test.

This is not to say that an employer is "stuck" with a problem employee - such an employee may still be terminated on the basis of poor performance, insubordination, or any kind of misconduct. However, the employer should protect himself by following some guidelines.

How We Can Help

Strategic HR assists its clients in formulating the policies and procedures that protect a company while ensuring that problems are dealt with efficiently. This includes helping a business draft an employee handbook, developing custom training to keep employees educated, including supervisors, and offering membership in our HR Membership program that provides access to a human resources specialist who can work directly with you to resolve any issues that may arise.

• Visit our Compliance section to learn more about the services that Strategic HR offers to help protect your business.
• Visit our Training section to see how Strategic HR can help your managers and supervisors effectively handle employee issues.
• Learn about the benefits you can receive as a member in our HR Membership program.