April 4, 2011
As a business owner, you have to remain (Employee Warning)
As a business owner, you have to remain objective as you collect information in the exit interview, and can't get defensive at the statements made by the jobholder. In most dismissals, the risk is low because you have satisfactory papers why the layoff is occurring and most sacked employees are unlikely to sue. Finally, make sure you make clear the rationale for the layoff. As a small business owner or Hr Supervisor of a company or corporation, it is your responsibility to stop the insubordination immediately and to take the suitable rehabilitative actions.
If the jobholder is in violation of any of the infractions that result in dismissal, you're dealing with lay off for cause. It is potentially dangerous to layoff a pregnant employee 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 workers. Firing Troublesome Workers, Go Quietly and Carry a Big Stick. * Have you taken other measures to bring back the employee within good standing? *If you have decided to dismiss the employee committing theft, have the termination papers drawn up and cut a check for their remaining pay. First, if the gossip is about an individual employee, it can cause much pain not only for that person, but also for their coworkers. It protects you and your small company against any form of suit a former worker chooses to file. A special note about personnel' compensation: You can't fire an employee because she has taken advantage of employees' compensation. Employment claims and liabilities you're releasing include, but are not limited to, those arising from the Age Discrimination in Employment Act, Title VII of the Civil Rights Act, Americans with Disabilities Act, claims of improper lay off in violation of public policy, claims of breach of contract, claims of breach of good faith and fair dealing", Fair Labor Standards Act, Family and Medical Leave Act, tort claims, Occupational Health and Safety Act, Pregnancy Bias Act, Older Workers Benefit Protection Act, Civil Rights Act of 1866, Uniform Services Employment and Reemployment Rights Act, Employee Adjustment and Retraining Notification Act, and the Sarbanes-Oxley Act. If this is medium-risk lay off, you'll normally negotiate a larger severance to make the fired employee go away quietly. As an alternative, I wanted a practical program that gave me options and applied to any termination, so I didn't need to always call a high-priced attorney-at-law.