March 8, 2010
Call the worker into the meeting as privately (Employee Termination)
Call the worker into the meeting as privately as possible. If you again sexually harass a coworker, customer or supplier of our business, we'll layoff you summarily.". Almost every "at-will" state has exceptions an employer should consider. And, along the way, you get some useful feedback you can use to improve your small company. If the worker resists all attempts for rehabilitation, your only choice is employee termination. An employee handbook is good to have. Conducting extensive employee investigations before layoff is so important because a court can use all of your documentation, or lack thereof, if your employee decides to file a illegal layoff suit. If you fire for gross misconduct, your documentation must prove that a direct order was issued to a worker, that they understood it and that they refused to obey it. By writing history, the dismissed worker can argue you never gave him a fair chance to improve. Our sincere hope is that this suspension is met with reconciliation on the part of the employee. This not only proves your position as the manager who doesn't have to justify their position but also saves you precious time.
Following each incident, you should list out the actions you took to reprimand the worker. An employee can claim they were terminated unlawfully if they can show you breeched an implied contract, are retaliating for whistle-blowing, intend to defame them or are involved in fraud. Once you have fired one employee, you will realize that it isn't as hard as it seems. He signs a release of claims so you don't worry about a future lawsuit.