May 15, 2009
With a high risk lay off, the worker (Terminate Employees)
With a high risk lay off, the worker is likely to sue and you have little documentation to defend yourself. The next liar is someone who tells "white lies." This isn't overwhelming misbehavior because the "white lies" are commonly not about important company matters. You can terminate the employee over one incident. Normally, you use progressive discipline with the jobholder who has productivity problems or repeated minor misbehavior. You then talk to witnesses, gather proof and draw conclusions. The entrepreneur and business leaders should decide the activities of the workers within the boundaries of each worker's job description. The employee must do this before you take any actions toward separating the disabled employee. o Gross misbehavior (not following a substantial order from boss). The jobholder destroys and sabotages business equipment. For the most part, you won't get any questions because the dismissal has stunned the jobholder.
So, have your Hr manager or employment lawyer review your separation agreement to be sure it complies with state laws. Whatever basis you choose, it must be nondiscriminatory and not based on any unlawful reasons (See Chapter 2). The layoff meeting should last no longer than 30 minutes. You might also highlight useful and exceptional work the jobholder did, all while making clear the layoff is not a debatable issue. When the jobholder has a behavioral problem such as attendance, you can often layoff in a month or less. This makes it hard for the worker's legal adviser to argue you acted rashly and unfairly when you fired his client.