March 26, 2010
Terminating Employees - Also, if some outside reason causes the jobholder
Also, if some outside reason causes the jobholder to resign, the unemployment commission would consider this an involuntary separation. In fact, he'll be expecting it because you recorded the terrible performance and misbehavior through progressive discipline and investigations. For voluntary separations, the primary disqualification is willful misconduct. If you fail to meet these expectations, you'll be subject to further discipline including the possibility of layoff. And, these supervisors may not always agree. If the letter doesn't do the trick, the consequences should. Her legal counsellor tells you the "real" reason you fired her is because the company expected her to sleep with the CEO or the VP of manufacturing to keep her job.
In this way, you can be certain the standards you are following are current and will help keep you protected as much as possible. In return for a release and a promise not to sue you, you must offer the jobholder something in return. In addition, if the insubordinate individual is violating safety processes and hurts someone, a court will find you liable. Be clear, you still have a problem as this employee is likely a difficult person to manage, but this is not a case of disobedience. By allowing the former employee to do this, it lowers the chances that they will file a lawsuit, return to destroy business property or defame the business's good name. For example, you have 10 people in your organization and your boss tells you must make a 20% cut. Document each meeting and explain the corrective actions the employee should take. It is potentially dangerous to fire a pregnant worker because, under the Pregnancy Discrimination Act (which is part of Title VII of the Civil Rights Act of 1964), it's wrongful to discriminate against pregnant workforce.