October 15, 2007
Discipline Letters - If the worker is eligible for a benefits
If the worker is eligible for a benefits package or if your business is stopping benefits, you must include this in your worker lay off notice. Misbehavior in workplace environments is a serious issue and if you don't deal with it effectively, it will cause many more problems. Keep in mind that if there is a law suit, a court can use your notification as substantiation against you and the firm. In Montana, the law requires any lay off 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 terminating for improper reasons. Now and then former personnel try to file a illegal separation suit against their employer. Here's the good news: No one (including God, a jury or your management) will condemn you for reaching a reasonable conclusion using a fair examination and evaluation process. But when you don't have a discipline policy, you must use this program. Let me make clear this last point . If you don't have the power to change your business's "no tell" policy, how can you still give a former coworker a reference without getting into trouble?
Notification #4: "Medium Risk" Layoff Notice - Layoff On the account of Company Desires. Also get substantiation through your own direct experience. In Montana, the law requires any termination 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 separating for wrongful reasons. But the basic form of the notification remains the same. If the jobholder doesn't heed the warnings, she uses up all her chances. For example, we can't say "resign or be fired." When we give ultimatums like this or make life unbearable for the high-risk worker, the jobholder can still sue us for unlawful layoff when he resigns. First, your other personnel may believe you're discriminating against them when you come down on them and don't come down on the disgruntled worker.