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Can I fire employees for reasons other than poor performance in Maine? What are the requirements?

Can I fire employees for reasons other than poor performance in Maine? What are the requirements?

In Maine, an employer can only terminate an employee for just cause [3.1]([3.1]). Just cause includes misconduct, inefficiency, incompetence, insubordination, indolence, malfeasance, or willful violation of the Civil Service Law or of the rules [3.1]([3.1]). Any action which reflects discredit upon the service or is a hindrance to the effective performance of state service shall be considered good cause for disciplinary action [3.1]([3.1]). Therefore, an employer cannot fire an employee for reasons other than poor performance or just cause in Maine.

It is also important to note that Maine law prohibits employers from requiring employees to retire at a specified age or after completion of a specified number of years of service [4.1]([4.1]). Additionally, it is unlawful employment discrimination for any employer to require or permit, as a condition of employment, any employee to retire at or before a specified age or after completion of a specified number of years of service [4.2]([4.2]).

If an employee feels that they have been terminated unfairly, they can file a complaint or grievance with the Maine Department of Administrative and Financial Services [3.2]([3.2]).

Therefore, it is important for employers to ensure that they have just cause for terminating an employee and to avoid any discriminatory practices related to age or retirement.

Source(s):
Jurisdiction

Maine