July 16, 2009
Medium risk - You have a high (Employee Written Warning) chance
Medium risk - You have a high chance of the laid off employee suing you OR a high chance of losing in court. When using an employee discipline form you not only tell the bad worker that their behavior is unacceptable, but you also have a written documentation of the issues. Your purpose is to keep profitability and performance up. When you separate a worker owing to failure to follow directions, misbehavior forms can serve as your first line of defense in protecting you from a unlawful separation suit. o When you think the jobholder will probably get violent, do you have a security individual waiting near the meeting room? This isn't the time to say comforting words, "Everything will be all right" or start blaming, "It's your own stupid fault". You should prepare to explain the jobholder's termination to several different people and groups, including. o Reemployment rights (That is, you'll consider fired worker before other applicants for openings.) Termination - Any ending of an employee's relationship with the firm including firing, lay off, RIF, resignation and retirement. When you feel the employee has served you well during her or his time of employment, you should do all you can to make it on him or her.
Sometimes in the exit interview, the jobholder will inform you about some potentially wrongful conduct by your small business. This obviously takes focus away from their work. You must not get emotionally involved with the difficult behavior. You don't want to start escalating discipline and find out later your management doesn't agree or, worse yet, discover the insubordinate individual is politically "protected.". Otherwise, you may terminate the employee only to find yourself in the middle of a unlawful layoff suit.