October 27, 2008
Dismissing workforce for misconduct is, unfortunately, something that (Layoff)
Dismissing workforce for misconduct is, unfortunately, something that nearly every small company owner or Hr Supervisor should do at some point in his or her career. You should also have at least two more people sign the agreement as witnesses and as representatives of the company. Given the average damage award in a wrongful separation suit is over $500,000, your time preparing is worth it. A severance package is not the same as a contractual severance payment. In drafting the worker written warning, describe, in detail, why you are writing the notification. (Of course, you must document all this bad behavior when the meeting is over as it'll prove you were correct in sacking her.) Don't take it personally and don't react to her taunting. It is far better to be safe than sorry when dealing with potentially disgruntled workforce. In fact, many times these personnel claim they are having fun to make it a better place to work. If not, you're already down the path of ending their employment. At this point, your worker warnings become the papers your business desires to fire this individual. For example, while I was working at one company, a supplier called us within the first hour of the firing asking about its ramifications.
In today's office environment, it's tough tracking attendance with flextime and many personnel working from home. With escalating discipline, you first give the jobholder a oral notification. It is up to the person in charge to decide the jobholder reprimand, just be sure to follow through with other scenarios in the same way. Workers want to know why you're separating them and juries agree the employees have a right to know. In most layoffs, the risk is low because you have satisfactory documentation why the lay off is occurring and most fired workers are unlikely to sue.