How to fire a bad employee without getting tangled in legal problems?

it is unpredictable whether the employee will press legal charges on any injuries he can produce.

what are you talking about here? i am assuming you are NOT talking about an actual work related injury, if you are that is covered by workers compensation insurance NOT unemployment........

just document the issues that are affecting work, give the employee an opportunity to improve, document each step of the process. by providing an opportunity and a plan you have put the "ball in the employees court".

of course you can legally terminate the employee with out having a reason ("at-will" employment) and the only issue will be if this employee is eligible for unemployment.

by documenting the problem and setting forth a plan for improvement you have made the job loss (if it happens) the employees fault......

the worse that can happen is the employee ends up being eligible for unemployment.....

you pay into the unemployment insurance fund for just such a reason.

one claim will have NO affect on what you pay in to the state for the unemployment insurance.........

the key is being firm but fair, consistent and document everything.......

If your employee is a "work at will" employee (no contract and not union) then s/he can be fired or quit, for any reason or no reason at all (as long as it's not discriminatory), with or without notice. If there are performance issues, you should document them, and let them know. If the attitude is adversely affecting the performance of your staff and/or your customers then you should let them know that you are letting them go for performance.

Unemployment is something that you pay into every time you pay your employees, so it's like you are paying an insurance policy to the fund that "covers you" when you fire someone. The only way to avoid the having it show up on your experience is if you fire the employee for "gross negligence" (they stole from you, did something illegal, willfully damaged the business or property, etc.).

You intimate that the employee was injured on the job. If so, and it was something that was reported to Workers Comp and paid for by the company then it's a non-issue and completely separate from unemployment.

If you are confident that the employee needs to be let go, some helpful hints on firing someone in a potentially volatile situation:

* Find an office or private area to let them go.

* Have someone else in the room with you - preferably a manager or supervisor

* Let them know it's not working out, you need to let them go, and that their employment is ending immediately.

* Let them vent - if necessary. Listen to what they say, and take notes if necessary.

* No matter how you personally feel, let them know you understand their frustration but that there is no alternative.

* Don't condemn them - but wish them luck as they move on.

* Let them know exactly what to expect (no references, final paycheck, who to call for questions regarding anything)

Documentation.

For every incident which occurs have them sign a disciplinary note. After X incidents they will be terminated.

If you have done nothing wrong you have nothing to worry about, laws heavily favor the employer in most states.

Allow him to file an unemployment claim,, When he does do not contest it.

Allowing him to collect is a small price to pay for just being rid of him.

Fopr an "official reason" you can simply state it is due to lack of business and you cannot afford to have this person on the payroll any longer.

Alabama is an employment at will state, which means you can fire someone for any non-discrimintory reason, or for no reason at all.

You're wise to keep documentation though on the things the employee did.

What State do you live in? Many States have the law of "firing at will". You should not hold yourself at ransom by this type of person. The worry of him filing a work comp claim is not valid unless he reported to you his employer a situation or incident of his being hurt within 24 hours of the happening and you did not insist that he seek an evaluation by a Medical Professional...

Talk to him about bad attitude. then you go action.