July 15, 2010
Discipline Employee - (If you don't plan to cut a final
(If you don't plan to cut a final check owing to the size of theft, have the paperwork ready. Although your small business likely has a "name, rank and serial number only" reference policy, likely your managers and employees are giving reference interviews against the policy. If the bad individual tries to rally other coworkers against the company, document this as well. After all, you need to be certain the paperwork is accurate and that you have gathered enough documentation to justify the layoff. If you follow a proper process, you will not surprise the jobholder with any of this. Lastly, sit down with the at will worker and discuss the firing notification. In either case, you have much more legal exposure than with a low-risk separation. It is only natural to want to get rid of the more troublesome employees in such circumstances. A high-risk separation is expensive. Owing to lack of performance, you're now one step from separation.
But the reality of employment at will is not so clear. With the sue-happy nation we live in, it is easy for a dismissed at will worker to bring a case against you and claim that you had no real ground for termination. Even if you have been a small business owner or in the Personnel department for years, you should consult your dismissing workers manual when beginning remedial procedures. It might sound like a recipe for bad karma, but you should make or find yourself a satisfactory dismissal notification sample. Most dismissals do not end in long-drawn-out conversations, but guarded goodbyes, but be prepared for pleas and some shameful comments.