March 29, 2009

When separating employees, employer conduct (Misconduct) during the firing

When separating employees, employer conduct during the firing period becomes especially important. You must suspend or right away terminate this person. Normally, you can find a legitimate reason to terminate a difficult employee. To cut your risk of a litigation, you must not appear to separate wrongfully.

You should send a copy of the layoff notice to the worker by certified mail. When you don't have a legitimate or recorded reason, then you have to fake it. o Drinking while at work (Covered by Americans with Disabilities). Most managers worry about giving employment references. When you feel comfortable with the consequences, go ahead and dismiss the bad individual. o Be quick to examine any overwhelming misbehavior on the employee's part. When the employee has problems meeting the basic job requirements, you should address it in these meetings. Now and then, a productive worker screws up due to unintentional conduct or on the account of issues in his personal life. While personnel departments have employees with skills in this area, you may work in a small business that does not offer such support. The only exception is when the worker has a legitimate reason for the gross misconduct. Certainly, with the risk elevation, you should change your strategies and your costs go up. o What legitimate firm need caused you to cut the job, such as a recession, a merger or a change in business direction?

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