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December 9, 2009

Bad Employees - Unfortunately it is easy for a sacked at

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Unfortunately it is easy for a sacked at will worker to bring a case against you claiming you had no real ground for dismissal. Make sure you check off the layoff reason and there is room for management to give a full account of the incident that led to the firing. The longer a bad worker makes problems, the worse the workplace becomes. Once the employee has had his or her say, management can decide whether the worker is guilty of misbehavior serious enough for termination. While you clearly can't discuss the reasons for the layoff with your other workforce, you should call them together in a meeting and explain the high level worker will no longer be working for the firm. This leads to the jobholder feeling you didn't give him his "due." In such cases, suspend the worker for 3 days with pay to let everyone's emotions cool off, carry out a fair inquest and prepare a proper separation.

With a medium-risk lay off, your legal exposure is larger because the worker has a litigious nature or because your evidence is inadequate. Nevertheless, if you feel that none of these are working and the only solution is termination of the involved worker, terminate the jobholder before he or she further harms your department. She had not kept records of performance, and therefore ran a high risk of a illegal layoff suit. You must have described this rehabilitative action in your worker handbook. To cover yourself, you should get your chain of command to agree with your lay off decision. Of course, there are some rare occasions when there is an exception to this rule. You can use this information not only for dismissing corporate executives, but also for terminating partners and trusted lieutenants in small businesses. We're not referring to sacking a worker who is endangers others in the workplace or who is caught in a criminal act. The final element of the layoff notification is the sign off.

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Next: Our recommended guide for terminating an employee