How to lay off and fire. Step-by-step. Includes letters and forms.

June 25, 2009

Specifically, it shows you spoke with the insubordinate (Employee Write Ups)

Our recommended employee termination procedure. Legal and fair.

Specifically, it shows you spoke with the insubordinate individual before deciding on a warning to find any mitigating causes. Clearly, you shouldn't reassign and transfer a problem individual who's a thief or is violent. She had not kept records of performance, and therefore ran a high risk of a illegal dismissal lawsuit. o With a low-risk termination, you only offer your standard severance (if any) and you don't ask for a release. The decision to separate personnel raises several different issues. Most juries find it insensitive to terminate a worker while she's away on family leave, medical leave and disability. o The employee is about to get an expected financial benefit (for example vesting of stock options).

Since a strength of progressive discipline is evidence, you want to avoid it. Once the employee can resolve her or his personal problems, this person is no longer difficult to manage. To discipline a worker properly, you must follow a procedure that gives this person chances to fix her or his behavior. Since this is just a sample layoff letter, you should change it for your small company circumstances. Therefore, you don't ask for a release. The manager will have to issue one of these to the worker when he or she repeats the inappropriate behavior thus ignoring the employer. Make sure the small business's attorney-at-law reviews and approves it. Once you have those standards, personnel disobedience handling should be clear and backed by strong discipline. Many human resource workers and small company owners know they can turn around disobedience if they handle it correctly.

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Our recommended employee termination procedure. Legal and fair.