June 25, 2008
Keep in mind that just because you have (Employee Write Ups)
Keep in mind that just because you have a worker who falls under one of these groups, this does not mean you cannot lay off this worker. If a you do not correct the problem then it spells trouble in the workplace. For example, you might say the employee caused great problems with her or his disposition and then describe, in detail, how it affected the business. If you have completed the first two steps in the layoff procedure and the at will employee still is not working up to your directives, it is time to begin lay off proceedings. As a supervisor, you must know not only what an employee firing memorandum is but also what it should include. I don't think this is necessary when you clearly state you'll layoff for the next infraction. All of this should support your case for dismissal.
As the owner of a small company or as the Human resources Manager, you should realize it is important to have all your employees abide by the same rules - which are the rules established by the small business policies and processes. In the old days, the employee went to an unemployment office, waited in line and filed, and this is still true in some states. For example, we can't say "resign or be separated." When we give ultimatums like this or make life unbearable for the high-risk worker, the employee can still sue us for illegal layoff when he resigns. Finally, the most common mistake I hear is something like, "We terminated Joe because he just couldn't get the job done." You now know this isn't a layoff because you're not terminating Joe because of a company need. Most small company owners assume that a jobholder leaves because they are moving to a bigger business with advancement opportunities, or because they have found a better paying job. As you now know, separating a worker is not as simple as saying "you're fired." It's a legal program and is therefore much more complicated that it appears on the surface. For example, lack of work and the resulting business reorganization was the cause of the job cut. It must be a valid assignment within the bounds of reason and normal business method.