3 ms·

> Once things are at that point, fire immediately but with severance. A 3-month severance is much cheaper than a 1-month PIP, Just fire on the spot with no sev

> Once things are at that point, fire immediately but with severance. A 3-month severance is much cheaper than a 1-month PIP, Just fire on the spot with no severance. I've never known anyone to go on a PIP and remain at a company. They are either fired "eventually" or they find another job.

danielweber 13y ago
Severance takes all legal threat off the table.
michaelochurch 13y ago
Just fire on the spot with no severance. Bad play, risk-wise. Severance requires them to sign a non-litigation agreement and usually non-disparagement as well. PIP provides a paper trail and insures you somewhat against lawsuit (but not disparagement)-- they could argue for a "wrongful PIP", but you have paper. I don't recommend going that way, but it is better (risk-wise) than just cold-firing. If you cold-fire, you're taking a major risk. With no severance and no warning, he will be pissed off-- and it's not hard to damage a company's reputation. It's also not as hard as you think to build a termination case, although I'm not getting into the details here. Let's just say that some people (esp. termination lawyers) are as good at playing that game as we are at programming. Even if you win, he can make it a pyrrhic victory. I've never known anyone to go on a PIP and remain at a company. They are either fired "eventually" or they find another job. Agree. I covered that. You're 100% right.
- nairteashop 13y ago
  This is great advice. Paying severance also helps assuage the guilt many managers have about firing an employee within a few weeks/months after they were hired. ("But he just relocated here", "It will look bad on his resume", etc). By the way, do you know if it is possible for the employee to refuse severance, and therefore retain the rights to litigate? What happens in that case?
  - michaelochurch 13y ago
    By the way, do you know if it is possible for the employee to refuse severance, and therefore retain the rights to litigate? What happens in that case? Of course, it is possible. It's unlikely that he will. Most people want to move on with their careers, not sue an ex-employer. A properly calibrated severance is 1.5-2x the expected length of the job search. Since people on severance are generally able to represent themselves as employed during that time, the job search won't take terribly long.

danielweber 13y ago

Severance takes all legal threat off the table.

michaelochurch 13y ago

Just fire on the spot with no severance. Bad play, risk-wise. Severance requires them to sign a non-litigation agreement and usually non-disparagement as well. PIP provides a paper trail and insures you somewhat against lawsuit (but not disparagement)-- they could argue for a "wrongful PIP", but you have paper. I don't recommend going that way, but it is better (risk-wise) than just cold-firing. If you cold-fire, you're taking a major risk. With no severance and no warning, he will be pissed off-- and it's not hard to damage a company's reputation. It's also not as hard as you think to build a termination case, although I'm not getting into the details here. Let's just say that some people (esp. termination lawyers) are as good at playing that game as we are at programming. Even if you win, he can make it a pyrrhic victory. I've never known anyone to go on a PIP and remain at a company. They are either fired "eventually" or they find another job. Agree. I covered that. You're 100% right.

nairteashop 13y ago
This is great advice. Paying severance also helps assuage the guilt many managers have about firing an employee within a few weeks/months after they were hired. ("But he just relocated here", "It will look bad on his resume", etc). By the way, do you know if it is possible for the employee to refuse severance, and therefore retain the rights to litigate? What happens in that case?
- michaelochurch 13y ago
  By the way, do you know if it is possible for the employee to refuse severance, and therefore retain the rights to litigate? What happens in that case? Of course, it is possible. It's unlikely that he will. Most people want to move on with their careers, not sue an ex-employer. A properly calibrated severance is 1.5-2x the expected length of the job search. Since people on severance are generally able to represent themselves as employed during that time, the job search won't take terribly long.