March 16, 2008
A look at some fights over public access to e-mail (Termination Form)
These are ways and processes to save your small company and keep your employees from going astray. You might even find yourself battling legal charges if the worker feels that your lay off was discriminatory or that your lay off did not have a solid basis. Just as you're about to sack her for another safety violation, she injures herself again and goes out on employees' compensation. As long as you describe the reasons in detail, you're in good shape as an employer. Eventually you will resort to a oral notice, a written notification and a final termination notice. This means you can choose not to hire someone because you believe they may not be a good fit in your business - as long as your decision does not violate any employment laws. In this case, you should have clear records showing the economic reasons you couldn't create a job for the employee or why she doesn't have the skills needed to do an alternative job. In this way, the employee will probably keep their cool and not cause a scene. Do what is right and remove the difficult individual from your workers before you are sorry you didn't. If the jobholder fails to increase as the result of escalating discipline, you'll have built up enough of a case to sack the worker without risk of facing a legal action. In any workplace with a few or many personnel, there are always going to be instances of employee misconduct.
You also need to prepare for the severance terms you're willing to offer and prepare the lay off memorandum and separation document. Like the warning meetings, you should document the firing program and clearly explain the grounds for firing. In either case, you must respond with: According to the theory, the employers do not have to explain why they laid off their worker.
Chicago Tribune - In North Dakota , The AP obtained e-mails detailing a $150,000 severance package paid to the state's former workers compensation director when he was fired and his plans to sue the state to recover attorneys' fees he spent defending himself against Continue