December 6, 2009
In Montana, (Employee Termination Procedures) the law requires any dismissal to
In Montana, the law requires any dismissal to be "for good cause." But as you learned in the last chapter, federal and state governments and judges have created over 30 laws preventing employers from firing for improper reasons. Even though the form is short, you must still include all the important information. If you feel the need to layoff the jobholder because of many small incidents, you must attempt to isolate the underlying reason behind the incidents. In one instance, a jobholder might be insubordinate because of flawed policies and rules. For example, clearly explain the reasons for termination; whether it is a dismissing for cause, a lay off, or restructuring.
If you, or a subordinate, sack a problem employee "on the spot," you'll likely face a unlawful separation suit. Also the manager should give this feedback in a professional way proving that he or she did not provoke the circumstance. Sacking a worker is a big headache due to the potential legal problems and workplace disruption it can cause. Because the jobholder may try to come back with legalities or claims of unfair termination, you must collect enough proof on your lay off case. As I have often said, a bad apple is a bad apple. If you work in the food industry, this means your personnel should wash their hands every time after using the rest room. In that event, you must be ready to follow good methods for dismissal. Worker dismissals are stressful for both the supervisor and the employee. I accept this offer for extra severance benefits as described in this notification and agree to the terms. Be aware that worker gross misconduct can severely damage your company. Your notice should detail exactly what happened and why this was against the rules, and it should set up a time for the employee to meet with you.