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Answers by Jeffrey S. Lowe
1. I'm not happy
with one of my employees. How much notice do I need to give
before letting him go?
Generally speaking, an older employee with a significant amount of responsibility, many years of service and a high income is less likely to be able to find alternative employment right away. Therefore, he would be entitled to more notice than a younger employee would with little responsibility, few years of service, and a low income.
Remember, if you're guilty of misconduct when dismissing your
employee, a court may extend the period of reasonable notice. You
should never be untruthful, misleading, heavy-handed or unduly
insensitive when dismissing an employee.
You don't have to prove that you've looked for a new position. It's up to the employer to prove that you didn't look, and would have found a job had you looked, or that you were unreasonable in refusing to take a suitable position. If your former employer can prove that you didn't seek or take suitable alternative employment, the court will reduce your damages award to reflect how long you could have been working.
Any money you actually earn during the reasonable notice period
will also be subtracted from the damages award.
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