May 11, 2010
Employee Dismissal - By waiting days or even weeks to fire
By waiting days or even weeks to fire a worker after a deciding event, you suggest their behavior is acceptable. In theory, sacking an executive should be the same as sacking a rank-in-file employee. It reflects badly on you and the firm if the notice fails to communicate professionally. Before you start the dismissal, you must read the executive's employment contract thoroughly.
Likely, the employee will play dumb. By obviously voicing a legitimate reason, the jobholder doesn't wonder why you dismissed him and doesn't immediately call his legal counselor in anger. Detailing all relevant information in an accurate, honest and specific manner will ensure you can prove a termination is not part of any wrongful purposes, such as discrimination. According to the theory, the employers do not have to make clear why they separated their jobholder. Although the claims are bogus, you might still lose - remember, if your improper lay off suit goes to court, you'll likely lose 70% of the time, the national average. For example, if the worker is on notice for excessive personal phone use and he ignores the warnings, you'll probably terminate him within 1 1/2 weeks. If the employee is eligible for a benefits package or if your business is stopping benefits, you must include this in your worker lay off letter. Here is where firing jailed employees becomes sensitive and you should proceed carefully. First, it takes much documentation to properly terminate a insubordinate worker, and at times we don't have the time or willpower to get it. But, it puts you in the running for a law suit because the jobholder is angry. Although much of this book has described how to dismiss a single employee, this chapter discusses mass dismissals of employees. If your personnel form a union, the union may demand that you give preference to people with seniority.