Ter­mi­nat­ing an Em­ployee for Poor Work Per­for­mance

Thai-American Business (T-AB) Magazine - - Legal Updates -

In order to ter­mi­nate an em­ployee for poor work per­for­mance, an em­ployer must take spe­cific pre­cau­tion­ary mea­sures. If such mea­sures are not taken, an em­ployer may find it­self ei­ther stuck with an in­com­pe­tent em­ployee, or on the los­ing end of a law­suit for un­fair ter­mi­na­tion.

If an em­ployer can­not pro­vide proper jus­ti­fi­ca­tion and ev­i­dence for ter­mi­na­tion, a la­bor court will award an em­ployee com­pen­sa­tion for un­fair dis­missal. Long- term, highly paid man­agers can re­ceive sig­nif­i­cant awards for dam­ages. To pro­tect them­selves, em­ploy­ers gen­er­ally have to give em­ploy­ees am­ple op­por­tu­nity to cor­rect their be­hav­ior be­fore dis­missal. Steps an em­ployer should take in this process are: com­mu­ni­ca­tion of ex­pec­ta­tions, train­ing, per­for­mance eval­u­a­tions, iden­ti­fi­ca­tion of un­sat­is­fac­tory per­for­mance, per­for­mance im­prove­ment plan, post- PIP eval­u­a­tion, and ter­mi­na­tion of em­ploy­ment.

Em­ploy­ers should metic­u­lously doc­u­ment the en­tire ter­mi­na­tion process. This means that all com­mu­ni­ca­tions, re­ports, eval­u­a­tions and PIPS should be in writ­ing, dated and saved. These doc­u­ments will serve as valu­able ev­i­dence if the em­ployee files an un­fair dis­missal claim. In­deed, from the court’s per­spec­tive, the most re­li­able ev­i­dence to show fair dis­missal is an un­bro­ken chain of doc­u­ments show­ing each step of the process.

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