Is it a bad idea to lay off a poorly-performing employee shortly after an HR issue?

It *can* be a bad idea to terminate even a poorly performing employee shortly after an "HR issue" depending on the "HR issue." For example, if the HR issue was an employeefiling a worker's comp claim, alleging harassment/discrimination, or opposing some other unlawful conduct, then the layoff could be characterized as retaliatory. Even if the employee is performing poorly, the risk of a lawsuit to determine if they would have been laid off "but for" the protected activity of raising those types of HR issues is very high, and often difficult to defend. However, the scenario you describe where the HR issue is the employee's own misconduct, followed by a determination that they are involved in the layoff for "poor performance" is not one that I would charactrize as risky given that the misconduct of sending the unpleasant email is a form of poor performance.

Disclaimer: This post does not constitute legal advice and does not establish an attorney-client relationship.

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