Can I layoff an employee due to lack of attendance and production?

Ann Kiernan replies:

Someone who doesn’t come to work and doesn’t produce while at work certainly can be fired. But, please don’t take the lazy manager’s route and wait for a layoff to solve your problem! You should be coaching the employee about what is expected, taking appropriate corrective actions, and then terminating employment if the worker cannot or will not meet the standards you have set.

Posted 03-08-2016

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.


About the Author:

Ann Kiernan has litigated claims of wrongful discharge and discrimination before state and federal courts and administrative matters before the New Jersey Division on Civil Rights, the National Labor Relations Board and the Equal Opportunity Employment Commission, representing both employers and employees. Ms. Kiernan co-hosted The Employee Rights Forum, a weekly radio call-in show reaching up to a half-million listeners in the New York metropolitan area, and her articles on employment law have been published in many books and magazines. Both as a firm partner and as a director, Ms. Kiernan gained solid experience in management and human resources compliance. She has worked with Fair Measures since 1997.