June 6, 2009
Employee Dismissal - For over 150 years, the law-of-the-land has been
For over 150 years, the law-of-the-land has been you could layoff any employee for a good reason, for a bad reason or for no reason at all. Be aware the worker's attorney-at-law will use it to show you did something wrong, so you must write it carefully. In the dismissal letter, you also must include the triggering event that led to the termination. In fact, the jobholder may claim that you discriminated against him or her. Document the termination through escalating discipline or investigation of insubordination. It guides you in creating the final notification. In doing so, you won't surprise the worker with his dismissal.
All of these laws have created many exceptions to the formal definition, and employers must keep this in mind if they need to separate someone. (Of course, you should document all this bad behavior when the meeting is over as it'll prove you were correct in separating her.) Don't take it personally and don't react to her taunting. If the employee engaged in misconduct, then briefly discuss the investigative program you followed to prove it. For example, you may want to dismiss a worker because you find out he's a homosexual or because his wife had an abortion. After you have created your layoff letters, call a meeting with all of your employees and let them know about the lay off. If you decide to separate a worker under FMLA, your method is the same as any other dismissal. If the drug or alcohol abuse while on-the-job causes the disobedience, then the obvious solution would be to dismiss the worker. If progressive discipline doesn't have an effect on the jobholder's behavior, then you must sack this individual.