December 3, 2009
Employee Termination - Not only should you document the inquest, but
Not only should you document the inquest, but you also need to document any measures taken to stop the harassment and reprimand the employee. Unfortunately it is easy for a terminated at will worker to bring a case against you claiming you had no real ground for lay off. o Is the evidence enough to justify a separation? This includes writing notifications for personnel you laid off for cause and those who were jerks. When you have one worker causing you daily frustration and driving down the results of your organization and company, for whatever reason, you should continue with lay off. Separation forms are useful whether you must write a dismissal letter or to write up an incident for the employee's permanent file. You can save yourself much difficulty and time later. Often when you take over a new organization, you'll have at least one disgruntled worker to deal with.
You're guaranteed some litigation for age bias. Most employees understand that their employer has given them a fair chance, if you take the time to show them the other warnings inside the notification. Written evidence is important for both communicating to the worker and providing a record for the business if a unlawful layoff litigation occurs. You'll win or lose in court based on the credibility of your lay off reasons. The best way to document lackluster productivity and minor misconduct is through progressive discipline. o Implied Contract of Job Security Owing to Long Tenure. This tells the employee where her or his shortcoming is and how you expect them to improve.