September 18, 2007
Lastly, sit down with the at will worker (Employment Termination)
Lastly, sit down with the at will worker and discuss the lay off notice. If you have an especially litigious worker, you should ask your employment lawyer what the likely illegal dismissal award is. If you are separating the worker for drinking on-the-job, for instance, do not beat around the bush. It involves gaining proper documentation and having discussions with the employee about her or his terrible performance. And, since you forced him to quit, you're open to a wrongful lay off suit. It's not any secret she and I had our differences about her job productivity [or conduct.] We followed all the firm's policies and procedures, but it just didn't work out. There is no guarantee the former employee won't try to file a unlawful dismissal law suit. An employee that is incompetent, whether real or feigned, may present problems down the road. Lastly, you must address how you will handle final pay will and describe any special severance packages. But, what should you do about gross misconduct? If inquest gives you enough proof to dismiss the worker, you should also document the termination program. Forget an "I am sorry" sentences or even "We enjoyed your time here" or anything that shows emotion about the worker's termination.
First let us define what misbehavior is. Most importantly, your worker dismissal agreement should specify the jobholder cannot hold the company liable for any debt or to bring a litigation against your small company. It should explain your previous attempts to correct the employee with dates, a statement communicating the employee is fired effective on a date, and any final pay and severance packages.