June 27, 2007

If the employee asks for a worker representative (Employee Termination)

If the employee asks for a worker representative to be with him during the discipline meeting, you must give him time to get one. In our current sue happy world, it only takes one small mistake to find yourself going to court over a wrongful layoff hearing. A blatantly bad worker may refuse to do the task and subject you to abusive, profane, or threatening comments. Each day there are many lawsuits related to wrongful dismissal, or alleged discrimination.

Instead of attendance, the way to terminate this lazy employee is through performance tracking. If you feel you cannot approach a jobholder calmly, you should leave it in the hands of an Personnel supervisor. With the sue-happy nation we live in, it is easy for a terminated at will worker to bring a case against you and claim that you had no real ground for termination. First, detailing violations of firm policy tells the workers you mean business. Attorneys-at-law call this various names including a waiver, a release of claims or a release of liability. If the worker's behavior does not increase, then managers can use this invaluable documentation to clarify the procedures taken to warn the worker that they may lose their job if they did not change. If you make an error when dimissing a hostile employee, you could be condemning the small company to bankruptcy or liquidation. I recommend treating a disgruntled worker well because it makes financial sense. It is a business decision to preserve or restructure the company for those who remain. If the worker continues to be bad, however, you'll have no choice but to carry through with rehabilitative actions. Labor disputes can be costly in both your time and money, and a little planning during the lay off method is necessary. Second, it gives the business formal papers to track a worker's problems and, hopefully, their progress in resolving them.

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