If the employee has made serious mistakes or misjudgments on the job, but you believe that the employee has the potential to turn around, you may want to put the individual on probation. A typical probation period lasts from one to three months. During this time, the worker’s performance should be monitored strictly for any repetition of the problem.
At the end of the probation period, the employee’s behavior should be assessed. An employee who violates the terms of the probation and is subsequently fired will be hard-pressed to prove unfair treatment to a judge or jury.
Probation is often used when an employee has shown some aberrant behavior, such as drug or alcohol abuse. The employee agrees to seek help, and an agreement is formulated to that effect. The probationary period also gives a company the chance to investigate further charges against an employee. A worker who fails to come up with a reasonable plan to improve or correct improper behavior will be fired at once. Likewise, if the investigation identifies a major violation of company rules, the employee will be terminated.
Suspension is a fairly drastic measure, one step short of termination for mis- conduct, and it can be tricky. Some employees enjoy the paid vacation it offers. Those suspended without pay return to work broke and angry. Their coworkers aren’t that thrilled, either, because they had to do the individual’s work during the suspension.
Certain behavior, like possession of an unapproved weapon at work, having a hand in the till, or endangering the health and safety of coworkers, demands immediate termination. The doctrine of “employee at will” theoretically gives you the freedom to fire workers whenever you wish. But unless you have a good reason for termination, you may be vulnerable to a lawsuit claiming the firing was unfair. Such legal cases usually charge that the termination was due to racial, age, or other bias (Coaching and Counseling Employees and Performance Appraisals). Consequently, documentation is as important in terminating employees for rule violations as it is in terminations for sub par job performance.