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Can I fire a probationary employee?

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  • Can I fire a probationary employee?

    I have a question from an employer stand point. I own a small business with 3 full time employees and one part time probationary employee. The PT employee has been at my office for 2 months (with a 3 month probationary period). She is really not working out. I had planned to terminate her this week. However, she called in sick to work today and said that she has a doctor's note that lets her out of work for a week. I was wondering if it is illegal to fire her. Her termination is b/c of her performance not her recent sickness. I have discussed her performance with her on a couple of occasions. I don't want to be outside of the law but I really don't want to put up with her poor performance.

    Thank you in advance.

    Oh yeah, I'm in New Mexico.

  • #2
    Yes you can terminate her. It's always best if you have documented conseling sessions and it sounds like you have that covered, but even without you wouldn't be in violation of any laws.

    Comment


    • #3
      Will she be eligible to apply for unemployment? She works 16-22 hours per week.

      Thank you for your speedy reply.

      Comment


      • #4
        Yes, unless you were to terminate her "for cause" (theft, fighting, not showing up and no notice, etc.) she would be able to collect unemployment.

        Comment


        • #5
          Unemployment

          Please note: Being terminated for failure to perform may disqualify her from unemployment. The state's website says:
          Q. If I was fired or quit my job, can I collect benefits?

          A. Only if it is determined you were not fired for misconduct connected with your work, or if you can prove your reason for quitting was due to an unresolved work-related problem caused by the employer.
          http://www.dol.state.nm.us/dol_qlid.html
          Lillian Connell

          Forum Moderator
          www.laborlawtalk.com

          Comment


          • #6
            wrongfully terminated

            HI I WAS HIRED AT A WAREHOUSE I WORKED 2DAYS AND IN THE MIDDLE OF MY SECOND DAY I PICK UP TWO CASES OF SODAS I FELT A SHARP PAIN IN MY BACK I THEN FELL TWO MY KNEES.I TOLD THE SUPERVISER OF THE BACK PAIN AND HE DIDN'T SAY ANY THING.I CONTINUED TO WORK BUT AT THE END OF MY SHIFT I WAS FIRED. I WANT TO KNOW WHAT ARE RIGHTS? I WANT TO KNOW WHAT CAN I DO ABOUT THIS CASE?


            ONT=Times New Roman]mmmmmmmm[/FONT]ggggggsxxx
            Originally posted by LConnell
            Please note: Being terminated for failure to perform may disqualify her from unemployment. The state's website says:
            Q. If I was fired or quit my job, can I collect benefits?

            A. Only if it is determined you were not fired for misconduct connected with your work, or if you can prove your reason for quitting was due to an unresolved work-related problem caused by the employer.
            http://www.dol.state.nm.us/dol_qlid.html

            Comment


            • #7
              wrongfully terminated

              ARIAL J ARIAL BLACK
              Originally posted by troy o
              HI I WAS HIRED AT A WAREHOUSE I WORKED 2DAYS AND IN THE MIDDLE OF MY SECOND DAY I PICK UP TWO CASES OF SODAS I FELT A SHARP PAIN IN MY BACK I THEN FELL TWO MY KNEES.I TOLD THE SUPERVISER OF THE BACK PAIN AND HE DIDN'T SAY ANY THING.I CONTINUED TO WORK BUT AT THE END OF MY SHIFT I WAS FIRED. I WANT TO KNOW WHAT ARE RIGHTS? I WANT TO KNOW WHAT CAN I DO ABOUT THIS CASE?
              I HAVE BEEN OUT OF WORK FOR ABOUT A YEAR.I HAVE BEEN IN JOB SEARCH FOR THE SAME AMOUNT OF TIME.I FINALLY GET A JOB AND THEN THIS HAPPENS. I HAVE A WIFE AND THREE KIDS TO SUPPORT,BILLS ARE DUE,PLEASE TELL ME WHAT CAN I DO?

              ONT=Times New Roman]mmmmmmmm[/FONT]ggggggsxxx
              Last edited by troy o; 06-30-2005, 08:53 AM.

              Comment


              • #8
                Texas

                You can file a workers compensation claim right away. Also, you can pursue a claim of retaliation. Good luck.
                Lillian Connell

                Forum Moderator
                www.laborlawtalk.com

                Comment

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