November 17, 2011
In most lay offs, the risk is low (At Will Employee)
In most lay offs, the risk is low because you have satisfactory documentation why the lay off is occurring and most fired personnel are unlikely to sue. If you separate a worker for gross misconduct, you should have valid reasons and document it suitably. However, it is more efficient to counsel problem employees about expected guidelines of behavior, and how they have acted wrongly, before you go restructuring your organization! In this case, "verbal" means it's more informal. And, before he or she knows it, some opportunistic legal defender is calling them on the phone asking for a $100,000 (or more) settlement for the "wronged" employee. In each these cases, the well-informed employer will have clear papers the worker understood company policy.
(Did she quit or was she fired? In many ways, you want to treat this like a lay off with a severance agreement and a release of claims. After all, even those workers without disabilities file lawsuits against their employers claiming that they have been discriminated against. And every court in the land recognizes the right of employers to separate for firm wants. How Escalating Discipline "Traps" A Bad employee. If the supervisor sees gross gross misconduct, they will frequently discipline or sack that worker. And, along the way, you get some useful feedback you can use to upgrade the business. For example your employee may be Muslim, Jewish, Buddhist or any other religious affiliation that doesn't recognize Christmas. As part of this documentation, you must have the worker sign paperwork showing that he or she read the report.