Well...don't get rid of it. Won't hurt anything this year. I would dig a trench about a foot deep now, around it's 'drip line' and fill it with straw. This winter I would dig it out and move it to a better location. You could even wait until next year, keeping the roots trimmed and growing within it's new 'root ball'...make sure that you keep this root ball well-watered.
Don't do this when the ground is frozen and unworkable. Anytime during the dormant season where you can work the soil is fine. Plant it at a level where the top of the root ball or where the roots stop and the bark begins IS OUT OF THE SOIL. Keep soil, mulch, rocks, wraps off of the bark. This will eventually girdle a tree.
Don't stake this tree. Without leaves the wind will not push it over. It will grow a thicker trunk and better supporting roots without being staked.
Where do you live? What kind of a tree is this? Send more information and/or pictures and we can help you decide what to do. If this is a good tree, the cost to replace it is very high.