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“You cannot help men permanently
by doing for them, what they
could and should do for
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— Abraham Lincoln |
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Dear Glenn,
One of the principals of
my company just fired someone and told the guy the
reason he was being let go was that his personality just
didn't fit in. The man worked here 8 months.
I'm not
comfortable that he said this, as I believe he may have
left us vulnerable to a lawsuit.
But before I dare
approach and correct him, I wanted to have your thoughts
on the matter. It could be I'm just way too paranoid.
B. in New
York
Dear B,
First, two disclaimers. I'm
not an attorney, and you need to see one for legal
advice. Second, this is a far bigger issue than I can
properly address in a one inch column, which is why we
carry an entire program on how to
on
how to
legally fire people.
You're far from paranoid. The threat of litigation
should always be a concern when terminating someone.
The
subject of personality is a
dangerous one because it falls under the category of
behavior. It's generally safer to terminate for
performance issues rather than behavioral issues. Equate
the behavioral problem to a performance problem, and
then address the performance problem.
If you cannot show that an employee's behavior affects
their performance, you've just illustrated their basis
for a wrongful termination lawsuit, even under the
doctrine of Employment at Will.
Thanks for your question.
Glenn in Nashville, TN
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Glenn's Personal Blog
Click on the gold
pen to see what Glenn's on a
rant about now |
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On open call in day
last week, one of our
Gold Inner Circle members in Knoxville
expressed his frustration with Lane Kiffin quitting his job as
head football coach at the University of Tennessee after only 14
months.
He was perplexed that
anyone would want to hire a man who’d leave a $2 million a year
job so quickly, and had a valid point.
One principle we
discuss in my program on
how to find good employees is not
hiring job-hoppers, because turnover is soooooooo expensive
(estimated at around $3,000 for an employee who makes minimum
wage).
But Kiffin is far
from the only high profile person to recently leave a job so
fast.
Barack Obama didn’t
finish out his first term as a U.S. Senator, and Sarah Palin
didn’t finish out her first term as Governor of Alaska.
We have a double
standard when it comes to job-hopping. The more powerful the
position, the more we’re willing to accept it.
And as easy as it
would be to sit here and judge, most of us* would do the same
thing these power brokers did if we were in the same situation.
Lane Kiffin left
Tennessee because he got his dream job at Southern Cal.
Sarah Palin went from
making $125,000 a year as governor of Alaska to making well over
$100,000 per speech and millions on book deals.
Barack Obama went
from making $174,000 a year as a senator to a presidential
salary of $400,000 a year, and will also make well over $100,000
per speech and millions on more books deals when he leaves
office.
So shouldn’t we hold
people in high places to the same standards we’d hold a
21-year-old applying for an $18,000 a year job to?
Yes, but that’s not
going to happen anytime soon, and I’m not about to advocate
hiring job hoppers.
So does that mean
we’re all being big, fat hypocrites on this issue?
Yes it does, and
that’s not going to change either.
Dedicated To Your Success,
Click on this button to
comment
on today's issue.
Love it or hate it, please leave
a comment to let
us know.
*For the record, I would love to make $100,000 a
speech. But there’s not enough money in the world to get me to
be the president.
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