April 5, 2008
How To Terminate Employees - Here you give the disgruntled employee a voluntary
Here you give the disgruntled employee a voluntary choice to leave the firm with a big discontinuance package. As I have often said, a bad apple is a bad apple. Don't layoff her or let her resign until she has signed a release of claims in exchange for an increased severance package. First, you have a fixed policy, written or unwritten, of giving a severance on layoff. Knowing which reasons are wrongful is the key to avoiding a unlawful termination suit. First, the supervisor or the management must allow the employee a chance to make clear her or his behavior. If you can't get rid of the bad worker and he won't change, then you, as the manager, should change. If the company policy allows for a warning on first offense, be sure to place that written warning in the jobholder's file. As you now know, sacking a jobholder is not as simple as saying "you're terminated." It's a legal program and is therefore much more complicated that it appears on the surface.
Probably to take suit + Satisfactory evidence = Medium risk. After The termination Meeting (Cont'd.) Here your worker has repeatedly failed to improve her or his behavior and you have documented this case thoroughly. I recommend you send a hard copy of the termination documents (dismissal memorandum, separation agreement, COBRA notice, final paycheck and severance check) to the worker's home address by certified mail, return-receipt requested. For gross misconduct, you investigate the incident. An exit interview is a meeting between a management representative and the separated employee. But there is a difference between the occasional "bad day" and disobedience.