February 10, 2011
A representative (Dismiss Employee) from personnel is always an excellent
A representative from personnel is always an excellent choice. Do You Need A worker separation Form? Both the accusing workers and the accused employee gave you eyewitnesses for your list. During such proceedings, the employee will claim the termination was wrongful. For example, the Older Employees Benefit Protection Act (OWBPA) covers the benefits you must make employees over age 40 aware of. Failure to Perform Quality Work: If a worker has failed to perform their work with acceptable quality, you have probably counseled them before separating them. As I stated clearly in your final notice, you were to (list specific directives) to correct (the performance related issue). Have a representative from this department present to witness the firing meeting. If you dismiss both, you would get a unlawful layoff claim for sexual harassment from both women.
If not done properly, the notice can cause legal problems later. In general, you don't need a jobholder handbook to layoff. I've read many of these laws, and it's rough sledding through the various legal sections and subsections. As difficult as it may seem, it is important to attack the problem, not the person when dealing with insubordinate employees. Even a chronically late problem individual can cause safety problems as other workforce try to pick up the slack or to speed up and catch up on production when the jobholder finally makes it in. (My favorite is Option 2: Downgrade the Risk before Lay off.) (Here, mention all the grounds for the firing as well as warnings you gave to the worker).