What are my options for terminating an employee who is underperforming in Ohio?

As an employer in Ohio, you have the right to terminate an employee who is underperforming. However, you must do so in accordance with state and federal laws governing employment practices.

Firstly, it's important to consider the nature of the employee's underperformance. If it is due to a disability, you may need to provide reasonable accommodations before considering termination. Additionally, if the employee has a contract, you will need to review its terms to determine your legal obligations.

Assuming there are no legal impediments, you may terminate the employee for underperformance on an at-will basis. Ohio is an at-will employment state, which means that employers can terminate employees at any time and for any reason, as long as it doesn't violate state or federal laws.

It's essential to follow proper protocols while terminating an employee:

1. Document Performance: Document any concerns about the employee's performance, provide clear expectations for improvement in writing, and maintain this file to establish a legitimate reason behind the termination.
2. Provide Notice: Provide advanced notice to the employee that you are considering termination and offer them an opportunity to improve their performance. Provide them with specific reasons why they're not meeting your expectations and how you'll measure whether they've made adequate improvement.
3. Non-discriminatory Basis: It's crucial to ensure that the termination is not discriminatory. If the employee is a part of any protected category (race, gender, age, religion, etc.), you must be cautious not to take disciplinary action that could be viewed as discriminatory.

It's also advisable to consult an attorney before terminating an employee to ensure that you are following all relevant laws and regulations.

In case you think that there is a possibility of a legal dispute, you can draft severance packages, releases, or agreements. These agreements can limit an employee's right to sue the company after termination. You may want to consult with an attorney to prepare these agreements.