August 24, 2011
Terminating Employees - If you don't apply a legitimate reason equally
If you don't apply a legitimate reason equally to your workers, you could still be in court. In short, you must provide the specific grounds for dismissing the worker, their problem behaviors and dates these problems occurred. As a manager or supervisor, you may feel that a jobholder's actions warrant immediate dismissal or separating them before their contract expires. As long as the terrible performance or behavior occurs within a reasonable period, like 6 months, you give him another Final Written notice.
Even though most Human resource managers and sole proprietors want to give second chances, the hammer just has to come down on bad employees. I have seen some dismissals where the business asks the employer to separate his department and then the business fires the supervisor later in the day. If however a sick worker returns from medical leave to find their job permanently filed, you'll have a messy legal nightmare on your hands. After the terminated worker has left, then you should meet with her coworkers to let them know. Employment dismissals vary from one company to another. Have a sample memorandum of insubordination on file. A firm has requirements and desires to fulfill. If the insubordinate employee is always late to work or with her assignments, then get her some formal time management training. Also, don't be too surprised if the employee's legal counsellor calls you to negotiate on the behalf of his client. I hate running to a lawyer and paying at least $1,000 to answer this question for every new "tricky" layoff. As we've discussed, the exit interview is the employee's opportunity to vent. In the past an employer could lay off a worker who did not meet their directives or who did not fulfill their job duties.