I don’t like you. Can I fire you?
The monthly 'In the Room' session is hosted by the Knoxville Entrepreneur Center.
It’s the employment question every employer asks themselves at some point: “I don’t like you. Can I fire you?”
Gera Grinberg, a highly successful corporate attorney said the answer is simple… kind of. In most states, employment is At Will, meaning if business owners have fewer than eight employees, they can fire someone for any reason or no reason at all.
As soon as the company has more than eight employees, that clause shifts a little bit. In such cases, an employer needs documented reasons. Of course, as with most laws, this can vary from state to state.
Something that does not vary from state to state is the Equal Employment Opportunity (EEOC) provision which enforces laws that protect job applicants and employees from discrimination and harassment in the workplace. The EEOC is reflective of Title VII of the Civil Rights Act of 1964, which prevents discrimination based on veteran status, race, sex, sexual orientation, religion, age, disability, or genetic information.
“Put simply, if you discriminate against someone and fire them for one of these reasons, you will likely end up paying money to settle it,” Grinberg said.
Additionally, companies are legally required to assist employees if they are struggling to perform their duties, due to one of the protected factors. For example, if an employee needs a chair to perform their work due to a disability, a company must provide that. Or, if a woman needs to take her protected maternity leave, her job must be available upon return.
An attendee for the ‘In the Room’ session asked a great question, “What happens if someone claims they have been discriminated against, but really they just weren’t performing the job well?”
Grinberg nodded, sharing that it’s a situation that comes up a lot in employment law.
“Employment risk is the new cost of doing business. It’s the new ambulance chase,” he said, explaining why it’s so important to have well-documented evidence of why the person is facing termination.
Grinberg also explained another point of view, which is if an employee decides to pursue their employer over wrongful termination, they virtually become unhireable in the future.
“I would go as far as to say, that person’s likelihood of getting a job in the future is little to none, because now every other company will see them as a huge risk,” he said. “When you try to sue a company, it is public record.”
The not-so-hot ‘hot seat’
In addition to the informative session about employment law, Jade Adams, the owner of a houseplant boutique called Oglewood Avenue took the “hot seat.”
In a typical ‘In the Room’ session, Grinberg would grill the founder with questions to simulate pitching to major investors like Goldman Sachs. However, during August’s session, Grinberg took the high road, as it was Adams’ first time ever doing a business pitch.
She proudly presented the success of Oglewood Avenue, and her desire to scale the business even further. Currently, her business makes about six figures of revenue selling houseplants; however, Adams wants to open a full-scale bar to add to the concept.
She wants to call it the “Drunken Botanist,” and would serve cocktails and be a place for plant lovers to gather.
“As this community grows, and as my business grows, I want to grow with it,” Adams said.
Grinberg laid off any comments or critiques; instead applauding the founder for her hard work and a great, big idea.
His only suggestion was to lock in the creative name as soon as possible.
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