HR professionals often face difficult employees in key roles. These individuals can be strong performers, but they can also be disruptive and challenging to manage. Despite being challenging to work with, they bring valuable skills or lead crucial projects.

You know a change is needed, but it feels risky to keep or let them go.

The ‘We’ll Wait Until It’s Convenient’ Trap

Here’s how this often plays out. The company finally decides it’s time to part ways with the employee, but before doing that, leadership wants to find a replacement. So, recruiting starts. Weeks go by. Maybe even a couple of months. Finally, someone new is hired and trained, and now the company feels ready to move forward with the termination.

It sounds like a smart, practical business move. But from a legal standpoint, waiting to act can create risk, especially in Massachusetts.

Timing Matters

If the employee’s “last straw” was months ago and the company waits to act, it raises doubts about the real reason for the termination.

An employee might say something like: “If my behavior was so bad, why did they wait two months to fire me? Maybe it was because of my age, medical leave, or complaints.”

Now, instead of a clean transition, the company may face a discrimination or retaliation claim.

The Legal Risk

Massachusetts is an at-will employment state, which means that an employer can generally terminate an employee at any time, for almost any reason, as long as it’s not illegal. But “almost” is the keyword.

If there isn’t a clear, recent reason, such as a “triggering event” for the termination that can be supported by documentation, the timing can make the decision look suspicious.

The employee might claim he or she was actually fired for an unfair reason, such as discrimination (based on age, gender, race, disability, etc.) or retaliation (for example, being let go after speaking up, asking for leave, or filing a complaint).

Once an employee makes such a claim, the company must prove that the termination was for a legitimate reason. Even if the employer is in the right, it can still lead to legal costs, time away from business priorities, and damage to the company’s reputation.

How to Avoid the Situation

There’s no perfect solution, but there are a few ways to minimize the risk:

1. Plan succession. Identify who can fill key roles if needed. If an employee must be let go, the business has options.
2. Cross-train your team. Make sure others know how to do critical parts of the job. It’s beneficial for coverage, development, and business continuity, and it keeps the company from being overly dependent on a single person.
3. Document, document, document. Keep clear records of performance issues, discussions, and next steps. Documentation helps show that decisions are based on legitimate reasons, not convenience.
4. Use consistent processes. Follow your company’s disciplinary steps. If an employee gets a warning, a performance improvement plan, or coaching, it shows fairness and consistency in your practices.
5. Check before you act. If there’s been a long delay between the incident and the planned termination, it’s worth taking time to talk with HR or legal counsel first. They can help assess timing and the risk involved.

Firing someone when it’s convenient might seem like the easy business answer, but in the long run, it can lead to bigger headaches. The best approach is to plan ahead, document issues, and act promptly when problems arise.

With the right preparation and communication, you can navigate challenging employment situations fairly, legally, and with confidence.

Ready to take the next step in handling a termination or workplace investigation?
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For complex HR issues, including terminations and investigations, contact our AIM HR Solutions team today at 617-488-8321 or hrinfo@AIMHRSolutions.com to receive the expert support you need.