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2 Replies Last post: Oct 22, 2009 10:42 AM by benthere

Any Legal Issues for Layingoff an Employee?

Feb 2, 2009 12:52 PM

Click to view smallbuziness's profile Start-up smallbuziness 1 posts since
Feb 2, 2009
Due to the recent budget cuts, I'm forced to layoff one of my two employees. They are both excellent workers and I don't want to let anyone go, but I can't afford to keep them both. The one employee has been with me for 5 months. She signed a one year contract to work for me. We talked about having her work for me on a contract basis. This way I only pay her for the work she does and she is able to stay and work for me, which is what she wants. I gave her the contract to sign and have asked for it several times over the course of two weeks. I gave her a deadline of signing the contract. The deadline has passed and she has not signed it. I'm not sure what to do at this point. I know I will have to lay her off soon because I have no money left to pay her. Are there any legal issues that I am against if I do lay her off? What do I need to do before, during and after laying her off? I'm in the process of getting a small business loan to keep her, but if it doesn't go through I want to be prepared and be able to pull the trigger.

Thank you.
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Click to view LUCKIEST's profile SCORE LUCKIEST 7,939 posts since
Aug 6, 2007
1. Re: Any Legal Issues for Layingoff an Employee? Feb 2, 2009 1:04 PM
Laying off an Employee, Welcome

Two suggestions. One Go to Members page and share some info

Two, Talk to a Lawyer.
Click to view benthere's profile Professional benthere 6 posts since
Oct 22, 2009
2. Re: Any Legal Issues for Layingoff an Employee? Oct 22, 2009 1:10 PM

It all comes back to whatever the contract says that you and she signed. If you signed up for employing her for a year then you will probably need that loan to pay her. Otherwise try to get her to compamise by signing a modified contract. also check with the dept of labor in your state. some states are "at will" employers meaning you can lay off an employee for no cause because there is no contract for employment...hope this helps