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Letting Long-Term Employee Go Due to Ineffectiveness

Letting Long-Term Employee Go Due to Ineffectiveness

shutterstock_214001707An issue that comes up with some frequency is how to deal with a long time employee who just doesn’t have it anymore. Sometimes he’s just run out of gas. Sometimes they’re not keeping up with changes in the workplace and somebody who was valuable at one point simply isn’t anymore. The question is what do you do with them? Well, if it’s an at-will employee, you can let them go for any reason or no reason at all as long as it’s not a reason that gives rise to discrimination, such as on the basis of age. For that reason, what you really need to do is make sure that you document the shortcomings of the employee and build a case so that if there is ever a claim against you for age discrimination by letting go of an older employee, you’ve got ammunition that says, “Look, we didn’t let him go because of age. We let him go because he just wasn’t doing the job.”

This short informational blog was provided by Allan Richardson, a New Jersey Employment Lawyer for Employers.

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