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

July 24, 2009

You do the dismissal based on performance (Employee Discharge) and

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

You do the dismissal based on performance and Sue's is the worst in the department. You company must dismiss one of its workers and the entire workgroup is feeling the effects. o Put all the employee's take home materials (dismissal notification, separation contract, COBRA notice, final paycheck and severance check) into a folder for easy access. While you'll need to change it for each termination, a sample memorandum will help you avoid mistakes and set a professional tone for this important legal document. You must do this before sitting down with the employee. Second, your rehire offer will ease the jobholder's anger and make him less likely to sue you. Likely the stories from the accuser and the accused workforce will differ. To reduce employee anger, never do an "on-the-spot" layoff. Once you decide the likelihood of law suit and the adequacy of your papers, you're ready to apply the termination Risk Estimate & Protection System(tm).

You must to get both sides of the story, so interview everyone and explore every incident. You must treat the disgruntled individual with respect before, during and after the lay off. When your dismissal is medium or high-risk, you must offer something more than your guideline package. Now, you can speak your mind without worry of a suit. The jobholder Needs To Negotiate. Principle #2: Documentation is not always good.

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