February 24, 2010
Take a hard line about performance, and your (Terminating Employees)
Take a hard line about performance, and your lazy worker will be out the door in a few months. She may also hint at getting a lawyer involved. This has legal ramifications, whether the jobholder is away owing to a childbirth, a back injury or a simple cold. Theses laws don't allow employers to layoff personnel for complaints about wages, hours, workman's compensation, reporting safety violations, or any other wrongful activities the company has engaged in. o Disagreement with the board (business officers). To make matters worse, courts typically favor the jobholder in these wrongful lay off suits. When the employee can think of himself or herself as being "laid off" as opposed to being abruptly "dismissed," the workers negative feelings toward the manager don't linger and the productivity of their remaining coworkers does not suffer. You should give this manual to each new employee when they join the firm or company.
Medium risk - You have a high chance of the laid off employee suing you OR a high chance of losing in court. Since termination is always an emotionally charged situation for both the manager and the employee, you might include some special instructions for the employer. The preparation as I laid out in Chapter 8 is the same with a few exceptions. Undoubtedly, if you are laying off the worker owing to the company's financial difficulties or due to downsizing, you should make clear this as well. o The jobholder knew you could terminate him for violating the rule or instruction. This job needs someone who makes things happen and who's not lazy." (This is an opinion and obviously references an unlawful reason. o The jobholder knew the performance standard, productivity expectation or rule of conduct. Once you've determined who you'll layoff, you must estimate the chance they'll sue you.