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California - Waited too long to terminate? California

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  • California - Waited too long to terminate? California

    I put an employee on a formal discipline that stated she needed to improve by a specific amount by a certain date or she would be terminated. She did not improve by that date, but then we were unexpectedly short-handed so I didn't term her right away. It's been 5 weeks since that deadline passed and we're not short-handed anymore. Am I okay to terminate now, or do I need to do another formal document with a new deadline?

  • #2
    Absent a contract, you can terminate at any time. In fairness, I'd look at whether she shaped up in the intervening 5 weeks. If not, terminate. If she has, I wouldn't term for behavior which has now improved, but that is more of an employee relations issue, not a legal one.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      Thanks for your reply. And don't worry, her performance is still bad.

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      • #4
        Based on what you shared, you are good to terminate.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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