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You're Always Carrying a Cannon

phildini.dev

11–14 of 14 posts

Re: You're Always Carrying a Cannon

#11

Is it really true that in general, a manager can just fire you? Where I work, my manager can report badly about me, but he cannot fire me. Even if the team responsible for hiring/firing concludes they will let me go, they still need to follow the law. E.g. there needs to be documentation of my (mal) functioning and there has to be attemps to improve performance or behavior. Is this only true in Europe maybe?

In the US, most employers roughly follow the guidelines that the Federal government uses [1]. Which is to say, that employment is "at will", and either the employer or employee can terminate the relationship at any time. The obvious caveat is that someone cannot be fired for a reason that would be illegal (e.g., firing someone because of age, gender, religion, etc.).

In practice, however, most organizations are extremely risk-averse when it comes to wrongful termination lawsuits. And as such, they'll have a lengthy "performance-improvement plan" (PIP) that can last three to six months and is meant to serve as evidence that an employee's poor performance was the reason for dismissal.

There are also, of course, extreme cases where someone can be fired "for cause" when they've committed some kind of egregious violation (e.g., embezzling funds, fraud, corporate espionage).

[1.] https://www.usa.gov/termination-for-employers

Re: You're Always Carrying a Cannon

#13

Is it really true that in general, a manager can just fire you? Where I work, my manager can report badly about me, but he cannot fire me. Even if the team responsible for hiring/firing concludes they will let me go, they still need to follow the law. E.g. there needs to be documentation of my (mal) functioning and there has to be attemps to improve performance or behavior. Is this only true in Europe maybe?

In the US, it depends on state law, at least to some degree. In some states you can be fired without cause and without recourse; in others you can't. Note well: I am not a labor-law lawyer. There may be some nuances and details here that escape me.

The only non-At will employment state is Montana. [https://www.law.cornell.edu/wex/at-will_employment]

Re: You're Always Carrying a Cannon

#14
And never ever joke about firing someone.

Even if there's some technicality where we 'fire' you and rehire under a different entity, don't start the announcement with 'you're all fired. Ha ha, not really'. The cannon anxiety is real.

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