Can we fire this employee?
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We have a GA ee who told us he is actively looking for a job, and his performance has been subpar. He has been talked to several times, and yesterday told a senior employee that he "wasn't going to be here long enough to learn our new software." Everyone is affected by his lack of cooperation,but we have not put him on a performance plan yet (even though several conversations have been had with him) and my question is, can we safely let him go?
The short answer, yes, you can let him go. Georgia is an at-will state, and he has announced his intention to leave. Ideally, you'd have documented and dated statements from the senior employee recapping the conversation when the employee stated his intention to leave and lack of interest in learning the software. That's enough to move forward.
If he's violated any company policies per the handbook, record those in his file as well. Make sure you treat his separation as you have other terminations. Give him a GA Separation Notice and administer PTO as you normally would. There's no guarantee that he won't file for unemployment or submit any other type of claim, but you have sufficient reasons to let him go.
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Please note that our responses are intended to provide general HR guidance and do not constitute legal advice. Due to the complexity of certain HR matters, we may not be able to address all aspects of your question in detail or offer individualized solutions. If your situation requires a more in-depth discussion, we encourage you to reach out to legal counsel or explore how Thread’s HR consulting services can provide more tailored support.
