June 21, 2008
Firing - If you're the owner of a small company,
If you're the owner of a small company, then you should have your second-in-command or an outside employment attorney-at-law review the file and give you their opinion. It'll prove you discriminated and wrongfully laid off the worker because he had a disability, alcoholism. It's best for your Hr department to keep the documentation because the separating supervisor may leave the company, and the records may become lost. In this case, you can terminate the jobholder for job abandonment because she only gets 12 weeks of protected leave under FMLA. However, you may choose to if the dismissal had nothing to do with the employee's productivity.
If the worker continues to be misbehaving, however, you will have no choice but to carry through with disciplinary actions. He or she can slow down production, cause other personnel to become bad, be a safety hazard, or even cause legal troubles. As an example, your risk of dismissing is much less when the worker has punched his supervisor in the face - than when you terminate a high-performing 60-year-old worker to give your daughter-in-law his job. If you don't have a legal organization, find an attorney who specializes in creating these types of standards. If you want further protection, you shouldn't give any reference information unless the ex-employee has signed a release. High risk - The sacked worker will sue you AND you'll lose in court. Your employee hygiene policy should include washing their hands after working with each patient, particularly if the nurse helps the patient use the rest room, changes any dressings or gets equipment out for the patient. *Using company property for personal business. By clearly stating your directives when you hire the jobholder, you should be able to reduce the likelihood of dealing with disobedience. Because in reality we don't live in "the best of all possible worlds," problems of this nature will come up sometimes.