January 22, 2009
How To Terminate Employees - By default, if a layoff is neither low
By default, if a layoff is neither low risk nor high risk, then it should be medium-risk. After all, you need to be certain the paperwork is accurate and that you have gathered enough documentation to justify the layoff. If the complaints of poor job productivity turns out to be unclear or vague — or — if the jobholder has not been counseled about her job productivity and given a chance to increase — then terminating a pregnant employee after finding out about the pregnancy will cause you trouble. Like the warning meetings, you should document the lay off process and clearly explain the reasons for separating. This will help you during the discussion with your insubordinate individual. Because the worker may try to come back with legalities or claims of unfair lay off, you must collect enough substantiation on your dismissal case. Include any escalating discipline steps you have taken or background to your examination for gross misbehavior.
Furthermore, if the reason for firing the worker had anything to do with criminal activity or blatant immoral behavior in the workplace, that can easily be detailed as justifiable rationale for the termination. o He never told me I had a productivity problem. If your dismissal form is long, management will likely place it in a pile to read later, or maybe never. If you can't get rid of the difficult worker and he won't change, then you, as the manager, must change. But when you don't have a discipline policy, you must use this method. If you don't tell a worker the reason for the firing, or if the layoff is about his conduct or productivity and you don't give him the opportunity to correct the behavior, you may have a illegal termination claim on your hands. (Undoubtedly, we didn't use those words in the write-up, but this is what any normal manager would naturally think.) Finally give a signature block for the jobholder to sign as confirmation.