“I own a Pilates company. I hired a new instructor, and after a week I am considering ending her employment. Can I simply notify her of dismissal, or is there a process I must follow first?”
The question has been reworded based on the case presented to the firm.
The firm's answer
Yes. Even after a week, a hearing must take place before a final decision.
In the employment described, short service does not remove the hearing requirement. This right also applies during a probation period: the employer must explain why dismissal is being considered, allow the instructor to prepare and present her position, and seriously consider her comments before deciding.
A hearing is not notice of a dismissal already decided upon. It is a genuine opportunity to influence the decision, so it must be approached with an open mind and a willingness to listen.
How to conduct the process
- Written invitation: State that dismissal is being considered, give specific reasons and provide relevant documents relied upon.
- Reasonable time to prepare: Give the employee time to understand the concerns and prepare a response. Allow her to attend with a representative of her choice.
- Discussion and listening: Present the reasons, hear the employee's response and consider whether her employment can continue.
- An orderly record: Document the concerns and the employee's answers, allow her to review the record, request confirmation of its accuracy and give her a copy.
- A decision after the hearing: Consider what was said before communicating a clear decision. If dismissal is decided upon, give written notice and check the advance notice required by law and the agreement.
Even after a week, listen first and decide afterward. Written documentation supports a proper process but does not replace genuine listening and consideration.
This information concerns an instructor employed as an employee and does not replace individual legal advice on employment law. The agreement, circumstances of employment and any applicable special protections must also be reviewed.