July 16, 2008
Myth Two: Although I have cautioned (Fire An Employee) John many
How to navigate the 40+ employment protection laws when terminating an employee
Myth Two: Although I have cautioned John many times about using foul language at work, he continues to use language that is offensive to me, other personnel, and even customers and suppliers. Remember you have to let the insubordinate employee be the first to mention resignation for it to stand up in court. Certainly, these incidents should occur reasonably close together to warrant termination. The wise supervisor will put the worker into escalating discipline and document directives in a clear, concise written format. Whatever your standards, you hold ALL your workers to them using progressive discipline. You don't want a legal counselor accusing you of bias in a illegal lay off suit. Therefore, you singled out his client and dismissed him for an improper reason. Unfortunately, there are binding contracts or unionized contracts out there that make it nearly impossible to dismiss a worker, even if he or she is not producing quality work. o When you think the worker will likely get violent, do you have a security individual waiting near the meeting room? Question: I've several employees to separate. This article includes some samples and notes that you will find useful when writing this letter.
The fired worker's coworkers won't understand why you keep hurting their friend. You want to lay off him right away. Stay away from recording reasons which imply illegal reasons. o If the jobholder gets a performance review during this time, include the recorded incidents and the corrective action from escalating discipline. They should then sign the warning form and have the insubordinate individual sign it as well.