Menu
Button: Make a Payment Button: Newsletter Mailing List

Icon: Healthcare LawHands-On Experience

Providing legal advice

and services since 1977

Healthcare Newsletter

Do I need to put an employee on probation before firing? Does it matter if she is new?

Provided by:  Jennifer Kirschenbaum, Esq.

July 11, 2017

 

Question: 

Hi Jennifer,

A newer employee is having ongoing difficulty functioning in her job. In addition to be out a lot, she is also failing to work to a basic standard due to frequent errors.

Do we need to put her on probation first or could we terminate for cause? 

Thanks,
Dr. B

 
Answer:

The only reasons you would have to put an employee on probation before firing are: (i) you entered into a contract with the employee that requires probation before firing; or (ii) your practice has a policy that employees are placed on probation before being terminated.  If the practice is in NY, or another at-will state, and you have no contract and no policy requiring probation, you are free to terminate at any time for any reason.  

If you plan on making an argument this individual should be denied unemployment benefits, you better make sure you have detailed documentation you fired for cause - and what those instances substantiating cause were.  

I do not see any difference if the employee is new - unless the practice has a specific policy related to new employees - or if the differentiation is related to unemployment benefits.  A new employee may not be able to go on unemployment on your policy - need to qualify... 

If you want help with the termination, or feel you need to obtain legal protections in separating from this employee - with a release - contact me BEFORE you fire.   


Looking for the KK Healthcare Exchange?  Click Here. 

MISSED OUR RECENT WEBINARS?  CLICK HERE ANYTIME!
Looking for HIPAA and compliance forms?  
Click here to visit our website.
Have a question or comment for Jennifer?
Contact Jennifer at Jennifer@Kirschenbaumesq.com or  at (516) 747-6700 x. 302.
Interested in having Jennifer speak at an event or
at a residency/fellowship program?
Contact Jennifer directly at (516) 747-6700 x. 302 or at Jennifer@Kirschenbaumesq.com
Click here to learn about
K&K's Prepaid Legal Audit/Investigation Defense Now!