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Anyone know HR rules in US

4 replies

Lushmetender · 14/02/2020 15:45

I have a team member in US. They decided to move to a remote island where time zone does not overlap with anyone and no business need. The person has performance issues as well. We told said person they needed to live back on mainland US. Said person agreed originally but then asked if she would be sacked if didn’t move back. Can we discontinue her employ if she doesn’t move back? She’ll be on a PIP regardless soon as she’s bit performing well

OP posts:
cologne4711 · 14/02/2020 16:42

I thought you could more or less hire and fire at will in the US, excepting discrimination. But someone more knowledgeable than I am will be along soon.

BritInUS1 · 14/02/2020 16:49

What does her contract say?

Most employees are on 'at will' employment in the US, but you need to check what was signed

MrsPinkCock · 14/02/2020 17:17

Generally you can fire at will but different states have slightly different rules that could land you in difficulty.

She could of course also be subject to UK employment law if she’s employed by a UK entity and meets enough of the legal requirements.

Honestly - it’s seriously unlikely anyone on MN can properly help you - you need real advice.

daisychain01 · 15/02/2020 15:34

Why aren't you looking to your company to fund professional US employment advice?

Not only are you putting yourself personally in a seriously vulnerable position asking such a complex question on here (this is a UK hosted website in case you don't know), but you could be doing wrong by your employee if you don't handle their employment situation by applying the appropriate country legislation to their circumstances.

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