Termination versus Layoff?

Gracie · May 2003

If an employee is just not a good job fit after she was transferred to her new position, can the employer fire her? We are in an at-will employment state.

Also, can layoff be used as a reason for termination in the above case? I thought layoffs are strictly for situations when there is a reduction in workforce? Please correct me if I am wrong. Thank you.

njjel · May 2003

In an at-will state you can let the employee go for almost any reason but need to be able to back it up in the event of a wrongful discharge suit! If the employee applied for the transfer, was deemed suitable by management to carry out the duties and responsibilities but now is unable to do the job properly, they can be terminated and as an aside, in NJ would be eligible to collect unemployment.

Don D · May 2003

[font size="1" color="#FF0000"]LAST EDITED ON 05-13-03 AT 10:23AM (CST)[/font][p]After, and only after, your ducks are all in a row, call the separation exactly what it is. If it's a termination call it that. If it's a layoff call it that. Don't spin the reason for some other purpose. If you are dishonest and tell him/her they are being laid off for lack of work (which is what layoff means) and then you refill the slot, you could see charges filed against the company for your action. Honesty, in separation, is always the best policy. Like the other post says, in probably every state, this person would draw UI anyway, if otherwise eligible, because they simply could not rise to the task. Hey, why not do everything possible to reshift the person back where they came from or make room for them somewhere else. If they were valuable enough to have been considered for an important transfer in the first place, seems they're worth keeping somewhere.

John Barr VA · May 2003

Gracie,

We're a pretty strong at-will state here in Virginia and you can fire this employee for whatever reason you choose. Heck, you can fire her for being a great employee, a bad employee, or almost any other reason that you could think of. You do need to be sure that she is an at-will employee however. If she moved here very recently, incurred significant moving expenses, gave up other job opportunities, she might (and it could be a stretch) make out some sort of contract claim, but at-will is very powerful here.

As for what you call it, I agree that it's best to be honest with the employee and you have to be honest with VEC. But, you can call it whatever you wish as that would have no actual legal effect should she bring suit.

Don D · May 2003

But, you can call it
>whatever you wish as that would have no actual legal effect should she
>bring suit.

Mr. Barr: Are you telling us that to give an employee a dishonest reason for termination will have no impact in the courtroom or another hearing venue? Perhaps you've heard of the NLRB and how they will pounce on the shifting of reasons for terminations. Or the EEOC and their penchant for dissecting the throat of an HR Manager who gives one reason and enters another in the personnel file. Or perhaps I misunderstood you.

Termination versus Layoff?

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