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    3 Replies Latest reply on Dec 9, 2009 1:20 PM by Iwrite

    What's better - to fire or lay off?

    smbusmom Newbie
      My husband and I own a small interior/architectural design firm with a retail shop here in Massachusetts. We currently have 3 part time employees ranging from 5 hours per week to 30. We have been increasingly unhappy with one of the employees, who works between 20-30 hours/week, for various infractions. She is 5-10 minutes late almost daily, and has disregarded many areas of our written store policy (ie - not following up with me for time off, not paying for employee purchases before items are removed from store, etc.) I spoke with her verbally about two months ago and brought to her attention how much some of her mistakes had cost the store, and while those issues seem to have been resolved new ones have come up. She's a nice girl, but I feel that she is bringing out the worst in other employees and I now feel uncomfortable in my own place of business. While many of the newer infractions appear to be minor, they are snowballing and really upsetting us. Revenue is down, so while this could be an economic decision, am I better off terminating her for cause?

      Thanks so much fro any response!
        • Re: What's better - to fire or lay off?
          LUCKIEST Guide
          What's better, Welcome

          When you say "terminating her for cause" you should talk to your lawyer first

          Good luck
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          • Re: What's better - to fire or lay off?
            FreakyFlicker Adventurer
            That's a tough one firing someone can hurt their pride
            • Re: What's better - to fire or lay off?
              Iwrite Pioneer
              In the states that I have lived, there is a huge difference between "firing" or "laying off." I agree that you should get some legal advice. Here is what I understand, firing for cause in most instances means you will not have to pay unemployment but that varies by state. Lay off is not performance related, it is due to business conditions and most times you will have to pay unemployment.

              What you have described is a termination situation, not a laying off. According to your description of the situation, this person does not deserve unemployment. The important thing to do either way is document everything. In some states, if you hire for her position after laying her off, you can face potential penalties. You really need to ask a legal expert.

              But "firing" and "laying off" are not interchangeable. They are for different situations. Be careful.