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Discipline and Documentation

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Although Roberta Weston is a difficult employee who has repeatedly performed poorly at her job, she can give her employers a difficult time should she be summarily terminated. Weston can claim that she was wrongfully terminated and was not accorded due process. She can claim this as her employee file will show that although she was given a detailed performance improvement review and plan with thirty days to show improvement, no follow up complaint was made. For her she has complied with the improvement plan and is performing better at her job. As there is no documentation to show otherwise, she can file a lawsuit against her employer, report them to the Department of Labor and make a claim for unemployment insurance.

In order for the termination of Ms. Weston to be above board, I recommend that Sam Best follow a progressive discipline plan. A documented detailed performance review should be immediately conducted with a performance improvement plan giving a deadline for improvement otherwise termination will be done.  Mr. Best should then conduct documented progressively intense feedback on her performance and allow her to give her own feedback.  If after the period given to her, she has shown no improvement of her performance, Mr. Best may recommend to HR that she be terminated.

I cannot think of any way to legally terminate Ms. Weston immediately without possible legal ramifications to the employer. Legal termination would be difficult in this case as her succeeding poor performance reviews and warnings given to her by her immediate superior were not properly documented. The employer may consult a labor lawyer to see what other options may be available to them.

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