Employment Termination for Just Cause or Poor Performance

There may be different reasons for employment termination. However, be it an employee’s poor performance, staff reduction, а function elimination or anything else, the process of dismissal must be backed up by sound justification and professionally conducted. We wish you will never have to use our advice. But, if you happen to be fired for poor performance, make sure that your employer presents to you all evidence of your poor performance:

  • signed performance appraisal forms;
  • ratings;
  • all other possible documents on your performance;
  • clients/management/colleagues complains (obligatory in writing).

Otherwise, it might look like a cause for litigation.

If you have recently been given a pay-for-performance raise and now your manager is saying to you that she has never been satisfied with your performance, ask for explanation. Don’t get easily settled with that it was an across-the-board raise and it had nothing to do with your real performance. It sounds rather suspicious.

Or, if your manager complains that you never manage to fulfill an assignment on time or you’ve been under-performing for years, ask for particular example of your poor performance. Ask for specifics. Also, make sure that there was sufficient time for completing the task.

It’s hard to imagine that one can do their work without ever making any mistakes. But, if ever something went wrong, were you given an opportunity to improve within a sufficient time? Have you ever received any warning (verbal and written) about your performance that might lead to termination? If, in fact, there have been any issues with your performance, check if everything was properly documented. Only in this case it may establish a sufficient ground for termination.

The reason for employment termination might be not only a poor performance. You might not be given any chance for improvement, if your violation of the company’s policies is inexcusable. Most likely, you will be exited from the organization immediately in this case. But even a just for cause termination should be supported with solid evidence of this cause, properly documented and presented to you.

In case if you detect workplace discrimination, by all means, consult an experienced employment attorney. But remember, you need to arm yourself with substantial evidence of discriminatory or unlawful actions by the company. It’s always up to you to prove charges of discrimination. Ironically, according to statistics, less than 3 percent of such cases appeared to have reasonable cause for the allegations.

But be careful and do not store the documents concerning your performance at your work station. Informed about your dismissal, you would have no time to access your computer files or work papers. Terminated employees are usually escorted from the premises immediately.

Also, be considerate with the information you have access to. The employer may sue you for “breach of trust” if you improperly handled the company’s confidential information. Copy and collect only files that directly relate to you and can substantiate your good performance.

Being legally conscious, HR manages try to avoid any ambiguity in such a legally sensitive matter as employment termination. Besides, most likely, the employer has greater financial feasibility to retain the service of a legal adviser or as many of them as they wish, should any litigation loom.

There is no remedy preventing from loosing your job. It might happen any time, any where with anyone, whatever the reason might be. But, it is quite possible to make yourself aware of what is going on around you and adjust your actions accordingly. Foremost, always try to receive feedback from your management and/or clients. If there are any outside influences beyond the scope of your usual work, immediately let your manager know, if you are not able to solve the problem yourself.

Note: some other tips to recognize red flags are given in the post “You are fired…”

Usually, termination for a poor performance does not happen overnight. In compliance with legal demands, it is a gradual process:

First, your performance issues should be clearly identified to you. Your manager should make you understand where your performance problems are.

Second, normally, an employee is given an opportunity to improve. It is not only your employer’s responsibility to provide such an opportunity, but to greater extent it requires your commitment.

Usually, employment termination is a last resort, if no performance improvement follows.