Hi, My name is XXXXX XXXXX I am a Pennsylvania Licensed, Practicing Attorney,
I am sorry to hear that the employee is so incompetent and you should not have to continue to employ her without any skills. If you can show that you have been keeping notes on the mistakes she has been making, or even to go back and make notes of the mistakes she has made on the different dates in the past, you should be able to terminate her for cause without any liability. The key is being able to show documentation in her personnel file, or in any separate rating sheet that you keep for each employee, that she just did not make the grade and have notes each time documenting that you are giving her x number of weeks to either shape up and perform her responsibilities correctly, or you will terminate her. If you can think of specific mistakes she made or specific deadlines she did not meet and document them in her file, you could terminate her.
If you had spoken to her about her poor performance that would be good also, however, even if you have not spoken to her, if you can show that you documented these things, you will be pretty safe in terminating her. She will, no doubt, accuse you of using her pregnancy as an excuse to fire her, but if you have your own documentation and samples of her mistakes in her personnel files, you will be able to successfully refute her accusations,
Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,
Bonus and Positive Feedback on survey is very much appreciated,
Does the fact that she is related by marriage to another employee and was misrepresented to me by that employee have any bearing on the issue? Also since she needs a certain amount of hours to qualify for state aided child care would it be better for me to cut her hours back instead of directly firing her? I know that sounds like I'm being vindictive but that really is not the case. I would really just like to cut my losses and fire her but don't want a lawsuit or feel that I should have to pay for her unemployment.
The fact that another employee said she was well qualified really has no bearing on the issue.
As for cutting her hours, the employee can accuse you of the same thing, saying that you cut her hours because she was expecting.
If she is inclined to accuse you of discriminating against her because she is expecting, she will grasp at any reason. But, not every claim made to the Equal Employment Opportunity Commission ("EEOC") results in a lawsuit. In fact, many Complaints are held to be unfounded. So, if you can document her incompetence (and if you even have some examples) that you can show to the EEOC (If it turns out that she actually does file a formal Complaint), you are pretty much on safe ground,
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).