Continuing employee hygiene
problem? Here's the next step
Why is it the worst employees, the ones that you simply
must fire, are always the ones most likely to sue you?
Many small business owners and Human Resources Managers
find themselves asking this question. They must know
how to terminate an employee while limiting their liability
if the case goes to court. With the sue-happy nation
we live in, it is easy for a terminated employee to bring
a case against you and claim that you had no real ground
for termination. In fact, the employee may claim that
you discriminated against him or her. This can get you
in both financial and legal troubles. Therefore, you
must know how to terminate an employee properly to keep
yourself out of hot water. How to Terminate an Employee Step 1: Document
The first step you need to take when terminating an
employee is to document everything. You may think that
writing down every little detail is time-consuming and
tedious – and it is. Nonetheless, it is necessary.
Pay attention to details when documenting problems. This
can be a life saver if legal troubles follow the termination.
Make sure you write down everything that took place,
including the situation, the time it took place, and
the actions you took to correct the problem.
How to Terminate an Employee Step 2: Discuss it with
the Employee
In step two, you must discuss the issue with the employee.
During your discussion, you must tell the employee what
he or she did wrong, tell him or her the actions you
will take, and warn him or her of the consequences if
the action reoccurs. Document this discussion and have
the employee sign paperwork proving you addressed the
matter and that he or she is aware of the outcomes.
Sometimes, an employee will refuse to sign this documentation.
If this is the case, have another supervisor sign as
a witness to your discussion. If there are no other supervisors,
document the date and time and note the employee refused
to sign.
How to Terminate an Employee Step 3: The Exit Interview
If you have completed the first two steps in the termination
process and the employee still is not working up to your
expectations, it is time to begin termination proceedings.
To do this, you will need to coin an employee termination
letter that details the reason for dismissal and the
effective date of termination. It should also include
whether the employee is eligible for rehire and any benefits
that he or she may or may not still receive after termination.
Finally, sit down with the employee and discuss the termination
letter. Keep the exit interview brief and avoid saying
too much, as anything you say can be used against you
later if the employee decides to file a lawsuit.
Why
a bad employee is causing more problems than you
think
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