August 21, 2009
Written Warnings - In summary, we're offering you extra severance benefits
In summary, we're offering you extra severance benefits in return for your agreement to waive claims about your employment against [The small business] and its representatives. Besides the emotional stress of dimissing employees, you must be wary of lawsuits. If this is the case, you must hand it to the employee during the layoff meeting. But some employees get carried away and spend much valuable time sending that perfect tidbit of humor. And, undoubtedly, they want some gossip, too. Finding out exactly what happened is the first action you as manager need to take in response to employee misbehavior. In addition, you won't worry about a unlawful dismissal suit blind-siding you and costing you and the small business a bundle. Asking the jobholder to leave makes the most sense when the jobholder is low risk.
If the insubordinate employee is negligent, for example, he or she may not properly follow safety methods. Even when dismissing an "at will" worker, the manager must exercise care in wording the reasons for the dismissal. Keep in mind that if there is a law suit, a court can use your notification as substantiation against you and the firm. Because of lack of productivity, you're now one step from lay off. A high risk termination is where the employee is likely to sue and you have inadequate documentation. Here's a summary of the 17-step preparation method: Armed with your evidence and your employee termination later, you must then sit down with the employee and outline the reasons for the dismissal.