firing/hiring

[Guest Smitty848]

I had to let an administrator go a few weeks ago, and I was wondering if there is a statute of limitations on how long I need to wait to repost the job and hire someone else.

[GBurns]

A Plan Administrator?

If so, why are you hiring instead of contracting?

If a Plan Administrator, why was another not sought first?

If you now have no Plan Adminstrator, How is the Plan functioning?

If you are operating a "TPA" and this person was an employee of the "TPA", you hire a replacement whenever you want. But that raises the question of why you would be employing administrators rather than employees, in the first place?

Maybe I do not understand what you mean by adminstrator.

[Guest Smitty848]

no, not a Plan Administrator ( a term defined in the plan document) a plan administrator as in, an employee of my TPA firm. And not the only one employed. In a nutshell, I fired an employee and need to know if there is a timeframe required before I post the job to hire someone else.

[Effen]

Who/what would require you to wait?

[GBurns]

Let me expand on that since I am very curious as to the thoughts behind this post and think that I might have missed something.

What makes a "plan administrator" different from your telephone operator or accounts payable clerk? What time limit do you place on those positions before you repost, and Why?

[Guest Smitty848]

I do not want to be sued for wrongful termination, or for any matter involved in the termination. We did things by the book, documented everything, but I am still concerned.

[Effen]

Was the person fired for cause or did you tell them that they just weren't needed because you didn't have the work?

If you fire a person for cause, what makes you think you need to wait?

Maybe an employment attorney can chime in. This probably isn't the best forum for employment practice advice. You should probably ask your corporate counsel. You pay them to keep you out of trouble.

[Guest Smitty848]

yes, that's my next stop. I have never had to let someone go before, and it just made me a bit nervous, even though the evidence is on our side. If by "For cause" you mean poor performance, that is.

[SoCalActuary]

The big problems you can get into come when you tell a lie to the terminating employee. By the way, this forum is not confidential. Anything you post becomes a public record that many people look to, possibly including your former employee.

If you fired them with some sweet little lie about cutting back on work, changing policies, etc., but they are not the real issue for removing the employee, you probably put yourself into a worse position if the employee challenges you. You are better off not telling us what your thoughts and motives were.