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MDLaw, Attorney
Category: Business Law
Satisfied Customers: 6131
Experience:  Experience in business law, contract law and related matters.
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I'm a small business restaurant owner in New Mexico. I am

Customer Question

I'm a small business restaurant owner in New Mexico. I am firing one of my employees Saturday after his shift. He has been with me for about 2 years and 8 of thoes months as a kitchen manager. He is a terrible employee I've kept him this long because sometimes it's just easier then rehiring and training. I don't really have documented paper work that shows why I should fire him. I want to know if I'm with in any illegal boundaries here. I ask because the employee seems to think he's a lawyer and I'm sure might run off to an actual lawyer to file suit. I want to cover my grounds, so is this an area to be concerned with and how would be the safest way to go about it? Thanks.
Submitted: 5 months ago.
Category: Business Law
Expert:  MDLaw replied 5 months ago.

Hello and thank you for using the Just Answer website. Employment is at-will meaning that you as an employer can terminate anyone at any time for any reason unless they had a written employment contract and as long as you are not firing them due to their race, gender, disability ,religion, marital status, etc. When an employee is not performing, however, it is always good to keep records on when the employee was talked to, warned, disciplined, etc and what mistakes or errors the employee has made.

Customer: replied 5 months ago.
Ok what advice/suggestions can you give me when having the conversation with the employee I'm letting go? What can be said and what to stay away from?
Expert:  MDLaw replied 5 months ago.

The kind of conversation you have is going to depend on the individual and your relationship with the individual. You can say anything you want so long as it is not illegal, i.e. so long as you are not telling them that they are fired because of their race, gender, national origin, etc. I would simply tell them that they are being terminated and you can choose to tell them why or not. You are not required to give them a reason. Always best to keep it simple.

Customer: replied 5 months ago.
Last question, do I have to give the employee a reason if he ask me? And should I document the release of the employee? And if the employee ask me for documentation for his release what should be said?
Expert:  MDLaw replied 5 months ago.

No, you are not required to give a reason. You are free to give him one though. It is ultimately up to you. It is always best to document, document, document. You are not required to hand over any business information to your employees.

I hope this has answered your question and thank you so much for allowing me to assist you. It would be much appreciated if you could leave me a positive rating as that is the only way that we experts get credited and compensated for having assisted you and is what allows me and others to help people like you.

Expert:  MDLaw replied 5 months ago.

Please let me know whether you need any additional information. If you do, simply reply back to me and I'd be happy to continue our conversation. If you do not need any additional information, please be so kind as to leave a positive rating as that is the only way that we experts get credited for the time spent researching and answering your question. Thank you in advance!

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