September 17, 2007
Is it possible to avoid misbehavior and terminating? (Sample Employee Discipline Letter)
Is it possible to avoid misbehavior and terminating? Also misbehavior is contagious. If this is the case, you must hand it to the employee during the firing meeting. Documentation of problems unrelated to the disability is key when sacking this employee. At this point, you must draft an employee termination memorandum that explains the reason for the firing and the rights and responsibilities of the jobholder and of the small company. If the productivity problem or misconduct is minor, handle the problem informally with the employee, possibly over lunch or in a one-to-one meeting. Examples of gross misbehavior include gross gross misconduct, hitting a supervisor or falsifying records. A firing reason can be legitimate, unlawful or just plain stupid.
Further you must prove the individual you do hire was the best-suited for the job. 1) Likely this disgruntled employee has good performance evaluations done by your predecessor. For example, you may have to terminate the worker on Friday, but can't get a check cut until the next Tuesday. If you terminate both, you would get a improper dismissal claim for sexual harassment from both women. It allows remaining personnel to think about the firing message over the weekend. If the problem employee refuses to sign or walks away from the meeting, document this fact. How do you fire him without a big suit? According to Jury Verdict Research, the average jury award for improper layoff is now at $536,927.