Is it possible to fire an employee with less than 6 months service without any legal implications?

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voyager	you can dismiss him without any reason within the first two years of employment just say he is unsuitable for the job.. Was this answer helpful to you? Yes / No

Spot	so sorry yes they can. Was this answer helpful to you? Yes / No

Rob B	Document the conversations and what he is or isn't doing to "pull his weight". Unless you are doing it for illegally discriminating reasons (race, gender, etc.) you're in the clear. Check with your state labor department because some states have additional discrimination laws. For example, in California you cannot fire a person just because they are a cross-dresser. Was this answer helpful to you? Yes / No

Patrick	As long as there is no contract or union involved it's relatively easy to fire someone. As for legal ramifications, anyone can sue anyone here in the US. He may not have a leg to stand on but if he wanted to he could sue you. To help avoid a lawsuit you need to have a paper trail where you tried to council the employee. Let them know what they are doing wrong and what is expected of them. If they are the slowest person on an assembly line, let them know what metrics are used to measure their performance. Let them know what out per hour/per minute, etc is expected from them. Two sessions that are recorded on paper where you tried to let the person know what is expected and I would say you are safe. the only our would be if there is some handicap that is holding them back. If there is a mental or physical handicap involved in how slow they are doing something then you will need to tread lightly. i would even consult an employment attorney prior to any counciling just to make sure you are safe. There are special laws that deal with handicapped persons and employment. The one thing that is most important in all of this is that you are not singling them out. You have to hold all employees to the same expectations you are holding this person to. If it's an assembly line type job and it's OK for John Dow to make 23 pieces an hour then is has to be OK for this person to do the same. If you single them out for something that someone else is allowed to get away with then you will have a valid lawsuit on your hands. Good luck! Was this answer helpful to you? Yes / No

njn001	You can fire him. but don't leave it too long. Unless they have changed the law you can fire someone with less then 1 year's service without any come back. Several years ago I sacked a guy you got aggressive with one of my clients. He took me to a tribunal, for unfair dismissal among other unfounded claims. The outcome: unfair dismissal, could not be claimed as he had not worked there for a year. Was this answer helpful to you? Yes / No

charles d	fire his _ss Was this answer helpful to you? Yes / No

ray j	you can fire someone with in 3 months .after that you need to give them a verbal warning witch is writ en down with the nature of the verbal and signed by the person and witness then two written warnings over so many weeks for the same missdemener in uk Was this answer helpful to you? Yes / No

Pleasant Peter Perkins	Are you in UK or US? If you are in the UK...pretty well every answer so far is rubbish. Was this answer helpful to you? Yes / No

Phil McCracken	Give him the sack. It is possible to sack anyone who isn't pulling their weight with no legal implications. You hired him, you didn't marry him! Was this answer helpful to you? Yes / No

erika h	No I think you would have done before 5 months. You'll need to give him at least 2 written warnings before you sack him. Was this answer helpful to you? Yes / No

John D	It would depend. Is there a probation period for new employees where you are? Courts have always held that those on probation can be released without cause if they are not working out. If the person is not on probation then their legal rights kick in. Was this answer helpful to you? Yes / No

john m	In the UK you have to go through your companies disciplinary procedure or he can claim Breach of Contract. You must show that you treated him the same as any other employee and you gave him fair warnings to improve his standard of work. Breach of Contact needs no qualifying service as with an Employment Tribunal as it is dealt with by a court. Was this answer helpful to you? Yes / No

Hector S	Hi - well you need to follow the minimum of 3 steps as highlighted under current legislation. Undertake an investigation Carry out a disciplinary hearing - if your investigation highlights anything And final the write to appeal within 7 days By following this you are being fair and treating all employees regardless of length of service the same Was this answer helpful to you? Yes / No

stormydays	Yes he has to be with you for a year or more before legislative procedures need to be complied with (unless its discrimnation then he is protected from the outset) Was this answer helpful to you? Yes / No

Tufty Porcupine	He won't have recourse to an employment tribunal for unfair dismissal as he has not worked for you for a year. He could claim wrongful dismissal if you do not give him correct notice as stipulated in his contract, but that's all. Was this answer helpful to you? Yes / No

Steven C	sack the fool he does not need the work Was this answer helpful to you? Yes / No

Robin	depends on the state! where r u? Was this answer helpful to you? Yes / No

Razzle	2 verbal and then 1 written warning in the UK...well last time i was fired! Was this answer helpful to you? Yes / No

TedEx	You have written documentation you told hm about the need to improve his performance?Not essential, but helpful? You have a written agreement of employment? Yes, no? On his appl, does it read, " I understand I can be terminasted at any time for any reason, or no reason at all>" and he signed it? Then, you can terminate him. It isn't easy, it never is, but do it and both of you can move on. Was this answer helpful to you? Yes / No

Expert Realtor	The best thing you can do, is bring him in your office, and tell him it's just not working out and terminate him. Do it on a Monday, so he doesn't have to be upset all weekend and can start immediately looking for another job. Was this answer helpful to you? Yes / No

arimarismacon	Fire him. The majority of states are at-will employment. Even if yours is not you have spoken to him and given him a chance to improve. I would recommend keeping some documentation about why you are firing him and what you did do to try an encourage him to correct the issue Was this answer helpful to you? Yes / No

Skalywag	I think it is best to look at the employment guidelines and law within your state. You might have to give the employee at least one written warning and a verbal warning before firing him - that is a cover your butt move. However, I live in a right to work state and I could fire that person without any type of notice. If he isn't pulling his weight and his performance is shoddy - fire him. Was this answer helpful to you? Yes / No

Icarus	if you've got evidence that you tried to turn him round, gave him chances and made it clear to him that no response would result in firing then he really doesn't have a leg to stand on. Was this answer helpful to you? Yes / No

Aaron	I think you have to give them a verbal and two written warnings. Then they cant do you for unfair dismissal. im not 100% tho Was this answer helpful to you? Yes / No

Suzy	Yes, you can fire him unless you have a union contract that specifies otherwise. Was this answer helpful to you? Yes / No

astralpen	If you are in the USA and there is no employment agreement, you can fire him. Was this answer helpful to you? Yes / No

writenimage	Depends on the state you live in. If its an "at will" work state, then yes you can fire anyone for just about anything as long as it doesn't fall in the categorie of descrimination. To be safe, i would document all the times you have talked to him, and give him a few written warnings first to have on file. Was this answer helpful to you? Yes / No

Marilolli	If you have written him up several times (be sure to keep a log when you speak to your employees) then you are justified to firing him. Was this answer helpful to you? Yes / No