More details to this question:
We own a small business 3 employees one if which was a close friend and now there is a great deal of personal conflict. Little things she is doing just to ruin business by her attitude and will not leave. She has stated for months she will get a job and leave but is still not left. It's very concerning with her in the business it's a small business and wouldn't take much to ruin. She is only staying to make my husband and I life misrealible. Is there anyway to get rid of her legally. No policy manual completed at this time I'm currently working on so she does not have a policy book or guidelines. I thought of because not a busy time now could go route of not much work. I know this enployee will try anything after if not done correctly but can not continue with her working there. Please offer any assistance
1 ANSWER
Absent a contract which limits the reasons why you can fire the employee (either by saying something like employee can only be fired for good cause, or that employee will be employed for a term of no less than two years; the agreement could possibly be oral, or arise out of an employee handbook), you can fire her at any time for any reason, except those reasons prohibited by statute (age, gender, religion, etc.) Assuming that you are not firing her for any such prohibited reason, you can fire her any time you want. If you think there is a real possibility that she may lie and claim either that she had a contract that she wouldn't be fired except for specific reasons, or that she was terminated for some improper reason, such as discrimination based on her gender, you may want to pay her some severance pay in consideration of getting her to release any claims she may have.
Answered on Jun 04th, 2014 at 3:22 PM