February 6, 2012
In both of these examples, the unlawful termination (Problem Employee)
In both of these examples, the unlawful termination claims are clearly bogus. Don't inform coworkers or subordinates about the lay off before it happens. Don't let a disgruntled employee ruin your bottom line. When you have given multiple warnings to a worker for the same problem, it may be time for the business to cut ties with this person. If you track attendance, you must write up a warning for each sick day he takes past the firm's guideline. If a notice of reprimand doesn't work, then follow up on the consequences you set forth. All bad employees start making trouble long before you begin the dismissal process. Give the worker his final paycheck in the termination meeting if possible. I've put together a couple of samples of lay off letters for you to pick from. If the jobholder has received good past performance appraisals, you need to take more time with the layoff. Believe me, when you replace a disgruntled worker, the new employee will outperform the old one every time.
However, fearing penalties or lawsuits — and not taking action against the worker — hurt you in the long run. And if you're a manager and not a business owner, make sure you have your boss on board during the whole program. For example, you have 10 people in your department and your boss tells you must make a 20% cut. Even when sacking an "at will" employee, the supervisor should exercise care in wording the reasons for the lay off. The supervisor's rights refers to less of what the law allows the employer to do, and more to what they should avoid doing.