September 26, 2010
A jobholder who voices dissatisfaction over a request (Employee Insubordination)
A jobholder who voices dissatisfaction over a request you make, yet carries it out, is not bad. As we've discussed before, you can be in court and lose the case even when you have a recorded legitimate reason for the firing. As a entrepreneur, you have to remain objective as you collect information in the exit interview, and cannot get defensive at the statements made by the worker. Workers who commit theft often think that they can outsmart the company and will be defensive right away. Chapter 4 of the Employee termination guidebook covers TREPS in detail. For any firing, you must write a professional and recorded lay off notification. (Unquestionably, you should document all this bad behavior when the meeting is over as it'll prove you were correct in sacking her.) Don't take it personally and don't react to her taunting. (You may want to state here evidence to support the claims of any worker stealing or misusing company property. During your discussion, you must tell the employee what he or she did wrong, inform her or him the actions you'll take, and warn him or her of the consequences if the action reoccurs.
It is always good to have the papers in the hands of the staff before taking action, which ensures the legal grounds and makes personnel know they can lose their job if they do this or that. In other words, start documenting what you tell the jobholder. Unfortunately, this fact produces the same need to reduce the employees. In addition, you'll create a better working environment for the employees remaining at the business. If you, or a subordinate, fire a difficult worker "on the spot," you'll likely face a illegal layoff suit. It should include a copy of the layoff letter, separation settlement and COBRA notices. If your problem employee is an emotional mess or chemically dependent, then you'll want to refer him to your worker Assistance Program (EAP) or to a psychological counselor at the company's expense.