What Steps Should an Employer Take Before Terminating a Chronically Underperforming Employee?

Before terminating for performance, employers should:

  • Clearly communicate performance expectations
  • Provide written documentation of deficiencies
  • Offer an opportunity to improve
  • Confirm there is no protected status or retaliation issue
  • Conduct a final internal review

Terminations that are well-documented and consistent with policy are far more defensible.

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