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hrpro37, Sr. Director, Human Resources
Category: Employment Law
Satisfied Customers: 119
Experience:  10+ years of experience in human resources roles with a specialization in employment law
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Is there anything we're legally required to do when cutting

Customer Question

Is there anything we're legally required to do when cutting staff due to work performance?
Submitted: 1 year ago.
Category: Employment Law
Customer: replied 1 year ago.
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Customer: replied 1 year ago.
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Expert:  hrpro37 replied 1 year ago.
Hello, The answer may depend on how many staff members you are terminating but if you are just asking if you can terminate someone due to performance you can do that if you are in an "at-will" state. Most states are at-will and if that's the case you can terminate an employee at any time for any reason. In order to further protect yourself, I would document the worker's lack of performance for a couple of weeks prior to termination. This just helps in case the employees attempts to make a claim for discrimination.