Comments on: How to fire someone… The right way… http://EthicalBusinessBuilder.com/2009/05/28/how-to-fire-someone-the-right-way/ Be an Ethical Entrepreneur, Marketer, and Business Builder Sun, 05 Feb 2012 18:00:42 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: ethicalbusinessbuilder http://EthicalBusinessBuilder.com/2009/05/28/how-to-fire-someone-the-right-way/comment-page-1/#comment-14980 ethicalbusinessbuilder Sat, 01 Jan 2011 00:01:00 +0000 http://ethicalbusinessbuilder.com/?p=222#comment-14980 Hi Mayur, Thanks for the input! I'm not a lawyer and so don't pretend to offer legal advice particularly since the laws change drastically between countries (I'm in the US) and even between states. You should always check with a lawyer and/or your state or province's unemployment office to determine the best guidelines. There are probably a few states in the US that have the same laws as you describe in Canada. My experience in Canada with clients has been that it's VERY hard to let a bad employee go and apparently, from what you say, there's little point in calling references for a new hire. One thought about areas where you can only state facts about previous employees is that if I'm hiring someone, call a reference, and the reference simply gives me facts and no positive details then I'm probably going to think twice before hiring him. In Canada, does each business pay unemployment insurance based on the number of ex-employees who have claimed and won unemployment claims? Can employers even fight unemployment claims? Hi Mayur, Thanks for the input! I’m not a lawyer and so don’t pretend to offer legal advice particularly since the laws change drastically between countries (I’m in the US) and even between states. You should always check with a lawyer and/or your state or province’s unemployment office to determine the best guidelines. There are probably a few states in the US that have the same laws as you describe in Canada.

My experience in Canada with clients has been that it’s VERY hard to let a bad employee go and apparently, from what you say, there’s little point in calling references for a new hire. One thought about areas where you can only state facts about previous employees is that if I’m hiring someone, call a reference, and the reference simply gives me facts and no positive details then I’m probably going to think twice before hiring him.

In Canada, does each business pay unemployment insurance based on the number of ex-employees who have claimed and won unemployment claims? Can employers even fight unemployment claims?

]]> By: Mayur Jobanputra http://EthicalBusinessBuilder.com/2009/05/28/how-to-fire-someone-the-right-way/comment-page-1/#comment-14909 Mayur Jobanputra Fri, 31 Dec 2010 06:11:31 +0000 http://ethicalbusinessbuilder.com/?p=222#comment-14909 Hmm.. quite concerned about this piece of advice: "...if someone calls to ask why they no longer work for you, you’ll be obligated to tell them they were let go and why." Legal recommendations here (Canada) are quite clear. If you tell someone about an ex-employee's bad performance, you could be sued for slander. Its safer to just state facts like length of employment, last day of work, position, title, responsibilities, etc. Hmm.. quite concerned about this piece of advice:

“…if someone calls to ask why they no longer work for you, you’ll be obligated to tell them they were let go and why.”

Legal recommendations here (Canada) are quite clear. If you tell someone about an ex-employee’s bad performance, you could be sued for slander. Its safer to just state facts like length of employment, last day of work, position, title, responsibilities, etc.

]]> By: ethicalbusinessbuilder http://EthicalBusinessBuilder.com/2009/05/28/how-to-fire-someone-the-right-way/comment-page-1/#comment-13897 ethicalbusinessbuilder Mon, 20 Dec 2010 18:12:29 +0000 http://ethicalbusinessbuilder.com/?p=222#comment-13897 In the state of New Mexico, by giving someone the option to resign or be let go, they still have the right to file for unemployment since the state interprets that choice as no choice. In the state of Texas I've found out that supposedly there's NO way for an employee to forfeit their right to collect unemployment. Remind me again when unemployment became a right... At any rate, I still offer the choice simply because most people are honest enough to not file for unemployment if they choose to resign even if they technically can. In the state of New Mexico, by giving someone the option to resign or be let go, they still have the right to file for unemployment since the state interprets that choice as no choice.
In the state of Texas I’ve found out that supposedly there’s NO way for an employee to forfeit their right to collect unemployment. Remind me again when unemployment became a right…
At any rate, I still offer the choice simply because most people are honest enough to not file for unemployment if they choose to resign even if they technically can.

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