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Our company policy states that employment with our company is at-will and an employee or employer may terminate the relationship at any time with or without cause and with or without advance notice.
We terminated a sales person because he simply wasn't working out. We didn't not give him any reasons as to why he was terminated to be on the safer side.
However, we did have to good reasons why we wanted to terminate him but we did not use those reasons:
1. His sales were not good, and we did not want to terminate him based on performance since we had not follow up with him to see how his sales are going each month. We did not maintain records of how his performance was doing.
2. Another reason was that the owner of the company, saw this employee writing down leads on a company notebook. However, we did not terminate him for that reason either because we did not conduct an investigation to verify if he really was stealing company information. And we did not give him an opportunity to provide an explanation. We only took the notebook away from this person because it was company property with company information on it.
Since this employee's sales where not good, and he was getting paid for a car allowance, he simply wasn't working out for us. So, did we do the right thing by terminating him without a cause?
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| You are pretty protected with "at will" employment. The only thing I would worry about if the employee can claim discrimination. If he can show that he was TERM because of discrimination (sexual orientation, religion, race, etc.) then you will have a problem. It was very important to document what an employee is doing right and what an employee is doing wrong. Discussing these problems will protect you. I kow the documenting and have meetings take up time but it well worth it!
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