In the Name of “Poor Performance,” Unemployment During the Pandemic and Its Legitimacy

2021.11.25 / PEO Related / External Website

It is often the employer’s intuitive response to fire any employee that has poor work performance. However, firing an employee for poor performance without any pre-unemployment measures can be illegal. The following explains the reason for the action’s illegality, and how to prevent said situation from happening.

1. The Last Resort Principle of Unemployment

The act of firing an employee under the reason of their poor performance has to be in compliance with the Last Resort Principle. That is to say, the employer has the duty to provide the employee with every means for performance improvement before they are fired.

2. How to comply with the Last Resort Principle

Employee who is poor on performance should be directed to a PIP(Performance Improvement Plan). The plan should include a series of training and action to ensure the employee’s performance improvement. If the targeted employee has not improved after the duration of the plan, the employer can then make the decision to fire them.

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