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JPEsq
JPEsq, Attorney
Category: Business Law
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Experience:  Experience as both in-house and outside counsel in general business and transactional law
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If I fire a commission based female worker from my office for

Customer Question

If I fire a commission based female worker from my office for being angry, arrogant and combative when I make corrections and inquires into her work performance, is this in any way illegal and how can it possibly come back to bite me? What should I watch out for and how can I handle this smoothly & legally?


Thank You
Submitted: 4 years ago.
Category: Business Law
Expert:  JPEsq replied 4 years ago.

Under the "at will" employment doctrine, you can fire any employee for a good reason like insubordination. It does not make a difference what gender or color they are.

 

In fact, you can fire her for no reason at all. You are free to fire her just because you don't like her. There is no law against it.

 

You cannot fire a person BECAUSE of their race, gender, religion, age or disability. You cannot fire a person in retaliation for a lawful act, like taking FMLA time or whistle blowing.

 

But here, you are free to let her go. The only issue is whether she will be able to collect unemployment benefits. If she was fired for cause, she can't. If she was fired for no reason, she can.

 

As for how you should handle it, based on what you have said, she is combative and confrontational by nature... so you should probably not engage in a discussion or argument with her. Just take her aside at the end of the day, and tell her "I am sorry, I am letting you go." You can tell her why if you want to, but you don't have to. If you are worried that she will make false accusations, I would have at least one other person in the room while you do it.

 

 

 

JPEsq, Attorney
Category: Business Law
Satisfied Customers: 5104
Experience: Experience as both in-house and outside counsel in general business and transactional law
JPEsq and 2 other Business Law Specialists are ready to help you
Customer: replied 4 years ago.
Appreciate your response.

By the way,

Under what circumstances would she be able to collect unemployment and how would this affect me?


Thanks.
Expert:  JPEsq replied 4 years ago.

She would be able to collect unemployment benefits if she is unemployed through no fault of her own. That basically means that she either has to quit or be fired for cause. Like I said, insubordination is plenty good reason to fire someone... so she should not be able to collect.

 

But if she does, how it affects you depends on a number of factors. If you have not been paying for unemployment insurance, you will end up paying out of pocket for her benefits. If you have been paying in, your premiums will probably go up.

 

but if you maintain that she was fired for cause, you shouldn't have to pay.

Customer: replied 4 years ago.
Thank You.

How can I deal directly with you for future questions?


Expert:  JPEsq replied 4 years ago.

You can request me through my profile, or you can just put "for JPEsq" in your question.

 

Thank you. Good luck.

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