Provided by: Jennifer Kirschenbaum, Esq.
August 16, 2018
I have an admin I hired 14 months ago who is not panning out. We have spent several specific sessions trying to train her better on those things that she has poor ability on: Computers, certain new machines.
In order to soften the below of her dismissal, I am wondering if it is a terrible idea to give her 1 or 2 weeks notice in order to find a new job.
I recommend offering a severance if you would like and also let her know you will not fight her unemployment claim, if that is the case. Do you think she may cause a problem, where you might want a severance agreement and release in exchange for the 1-2 weeks? I do not recommend notice because once you tell her you are terminating her she may do harm to the practice, and will need time to really look for a job. Also, it doesn’t seem you can trust her with the job, period.
Hope this helps. Let me know if you want us to draw up a severance agreement. That document has statutory requirements for the language to be enforceable, so does look legal and may open the door to questions. If you are terminating more "for cause" be sure to properly document incidents or poor performance leading up to termination (preferably contemporaneous to actual incidents).
Sorry to hear. Sounds like the wrong fit. For more information, check out our prior webinar - WHEN AND HOW SHOULD I BE PAYING SEVERANCE.