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Employment Law/Letting Someone Go


What are some ways to let someone go without them collecting unemployment benefits.  This person is simply not working out due to poor performance.

If an employee is fired for good case (poor performance) they will not be allowed to draw unemployment. You should have already warned this person about their performance and written them up and you should have this documented as the Department of labor will question you on this.

This is the process I use. I first give the employee a verbal warning, than if they still do not do their work right I give them a written warning which they must sign. The third warning is a performance plan which gives them 3 months to improve the items they need to improve on and they must both agree to this plan and sign it.  if it is not done than they are terminated and I have the documentation in their file to show that I gave them a chance and they still were unable to properly do the job.

You never have too much documentation so document...document...document!

If you do not have the documentation you can fire them and they may or may not be able to draw unemployment depending on how the Department of labor looks at the case.

Remember one or two people drawing unemployment will not raise your rate for the year. Sometimes if it is a situation such as this I just let the person go under the right to work act where I do not have to give a reason and allow them to draw unemployment.


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Shirley McAllister, CPP, PHR


I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).


30 years in Payroll and Human Resources

SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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