Why you MUST counsel and, possibly, terminate a problem employee

September 23, 2010

You don't (Fire Employee) want the insubordinate employee to say

Counseling employees but it's not working? Here's the next step.

You don't want the insubordinate employee to say he didn't know he could lose his job. Terminating a worker based on emotion rather than sound reasons can result in serious penalties including devastating lawsuits. This is true if your only choice is to fire right away. Most states require you to pay a former employee right away or within 30 days of dismissal. Therefore, a jobholder's separation should never surprise him. This is also an important step in avoiding improper separation lawsuits. You will be less likely to make any comment that a jury could hold against you later if the worker files a improper lay off law suit. These policies should include potential termination issues such as tardiness, absenteeism, drug and alcohol abuse both during and after work hours, as well as fraternizing, sexual harassment, stealing and abusing business property. Today, however, lawsuits for wrongful dismissal are common. This, in turn, leads to anger and a litigation to even the score.

You should list any monetary compensation and employee benefits packages for the former worker. With "Termination Options," your goal is to get the jobholder out the door, either immediately or soon. To make changes in the business based on the responses collected in exit interview forms, you have to show the data supports your actions. Once you have a copy of this waiver, you should keep it with the ex-worker's personnel file. Unfortunately, automation means business owners should terminate more workforce. So who should you reassign the insubordinate worker to?

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Counseling employees but it's not working? Here's the next step.