What are the legal implications of firing someone?
Most employment is “at will.” This means that if the employee isn’t working out, the employer can ask the employee to leave. Of course, if the employee has a written employment contract for a specific term, this doesn’t apply. An at-will employee may be terminated by an employer at any time with or without cause and with or without advance notice, as long as the reason for the termination is not prohibited by law. For example, federal laws prohibit discrimination in employment based on certain protected classifications, including race, color, sex (including pregnancy), religion, national origin, age (40 or older), and disability. Therefore, an employer is prohibited from terminating an employee if the basis of that termination is his or her membership in any of these protected classifications. For more information on firing an employee, click here.
