Ease of firing staff in the states?

[DeepStoat]

How easy is it to sack staff in the US compared to the UK?

I was under the impression seps can be dumped by their bosses without much of a reason with very little come back legally possible. Is this so?

 

[8115]

I think it's pretty much the same in both countries but it tends to be easier to fire someone in the UK if you have a dodgy contract or no contract at all. In the US it's a bit more civilised.

 

[cesare]

My experience is that in some respects it can be easier than the UK. Far more litigious in attitude though.

 

[editor]

When I worked in the States it was a case of:
Friday: packed office of staff
Monday: two employees left

Mind you, that was during the dotcom bubble where companies appeared and disappeared overnight.

 

[frogfeeler]

How easy is it to sack staff in the US compared to the UK?

I was under the impression seps can be dumped by their bosses without much of a reason with very little come back legally possible. Is this so?

Depends on which State you are in. I'm in Texas and it's a "at will contract" state meaning that they can get rid of you with no notice and I don't think any reason needs to be given. The flip side of this is that the employee also has to give no notice and can walk out at any time.

Practically however, I think most companies will try and give you a notice and also ask for a notice to be given by the employee (usually 2-4 weeks). As Cesare says, it's far more litigious than the UK, so they try and make sure they get their paper work in order before giving people the heave ho.

 

[cesare]

Depends on which State you are in. I'm in Texas and it's a "at will contract" state meaning that they can get rid of you with no notice and I don't think any reason needs to be given. The flip side of this is that the employee also has to give no notice and can walk out at any time.

Practically however, I think most companies will try and give you a notice and also ask for a notice to be given by the employee (usually 2-4 weeks). As Cesare says, it's far more litigious than the UK, so they try and make sure they get their paper work in order before giving people the heave ho.

The other thing that seems to happen a lot is that they're super picky careful about contract drafting in the US. Possibly because they're going to be held to the minute detail. When American executives come over here, they seem to be very nervous of employment contracts. It's as if the concept of implied terms doesn't really get off the ground there i.e. if it's not written down, they can't be held to it ... which isn't the case here.

 

[jonead]

Depends on which State you are in. I'm in Texas and it's a "at will contract" state meaning that they can get rid of you with no notice and I don't think any reason needs to be given. The flip side of this is that the employee also has to give no notice and can walk out at any time.

Practically however, I think most companies will try and give you a notice and also ask for a notice to be given by the employee (usually 2-4 weeks). As Cesare says, it's far more litigious than the UK, so they try and make sure they get their paper work in order before giving people the heave ho.

this was also my experience in CT. the "at will" status ensures that all you need to do is get the mobile & laptop back & escort them off the premises, iirc. certainly it seemed to me that contractual protection generally only came with officer-level roles.

 

[petee]

i have an at-will "employment relationship" (not a contract, it's made clear) which can be ended by either side for no given reason. there used to be a two-week clause, but the bosses took that out. it doesn't happen often, as the admins don't want to disrupt the curriculum and the teacher doesn't want to be seen to any future employer as bailing mid-year. but it's always hanging in the air.

 

[JimW]

i have an at-will "employment relationship" (not a contract, it's made clear) which can be ended by either side for no given reason. there used to be a two-week clause, but the bosses took that out. it doesn't happen often, as the admins don't want to disrupt the curriculum and the teacher doesn't want to be seen to any future employer as bailing mid-year. but it's always hanging in the air.

How do they get away with claiming it's not a contract? Even here, a contract will be assumed even if one is never written or signed as an employment relationship is seen as something that exists in those terms.

 

[petee]

How do they get away with claiming it's not a contract? Even here, a contract will be assumed even if one is never written or signed as an employment relationship is seen as something that exists in those terms.

either in the letter of appointment or in the employee handbook (i don't have either to hand) is the line "nothing herein is to be construed as creating a contract". the hire signs that to get the job. i guess that does it?

 

[farmerbarleymow]

That sounds awful petee

I don't remember ever signing a contract but its always there, or assumed to be in legal terms.