Is employee misconduct driving you crazy? Read this before taking action.

October 15, 2007

Terminating Employee - You'll win or lose in court based on

Our recommended termination procedures for misconduct and poor performance

You'll win or lose in court based on the credibility of your dismissal reasons. You'll need to collect these from the employee at the firing meeting. Therefore, you must discipline and likely go to separation when a jobholder becomes a behavior problem. Third, when an employee resigns, you must ask him write a resignation letter to you giving the reason he's leaving the firm. The Basics of a Sample Written Notification of Layoff. You don't need to write down these standards of insubordination. Grounds for separating an employee are as varied as their faces. This section covers legal duties affecting you and your business during a reduction in force. 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 notice. o With high-risk separation, you negotiate a release before dismissal. o The higher the firing risk, the higher the chance you'll face a law suit.

You should also attach any applicable company policies and state or Federal policies relevant to the downsizing. This is especially true if you are firing the jobholder who "for cause" (intoxication on-the-job, sexual harassment, physical and verbal abuse, theft of business property, and the like). Your termination process will make the procedure go more smoothly for the fired employee, coworkers, and the firm as a whole. Unfortunately, this isn't always the circumstances when dimissing personnel.

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Our recommended termination procedures for misconduct and poor performance