Scrooge Firings — Tip of the Week

It seems there’s always an uptick in firings during the month of December. Maybe there’s something about getting ready for a fresh start at the beginning of a new year. Maybe it’s the desire to finally do something you’ve put off all year. Maybe there are Scrooges who never receive visits from the three ghosts of Christmas.

There’s no law against Christmas firings, but it sure does make an employer look heartless if a Christmas firing turns into a jury trial. Given our continuing recession, a Christmas firing might look particularly bad this year.

If an employee engages in misconduct that can’t be and never been tolerated, it would be a mistake to hold off until after Christmas. If the last step of a progressive discipline system occurs in December, there shouldn’t be a Christmas exception to firing, particularly if you’re consistent in the enforcement of progressive discipline.

It’s just one of those practical things with legal implications that you should keep in mind at this time of the year. When a jury decides an employment case, the primary consideration is usually fairness. And a Christmas firing is more likely than not to seem unfair.