An open letter to every employer wanting to terminate an employee

July 2, 2008

Undoubtedly, if (Fire An Employee) you are laying off the employee

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Undoubtedly, if you are laying off the employee owing to the business's financial difficulties or owing to downsizing, you must explain this as well. o Does the punishment (the firing) fit the crime? She'll tell you she knows the notice doesn't contain the "real" reason. This article describes some parts of such a memorandum. o For minor misconduct or bad performance, was the worker given a reasonable amount of time and number of chances to improve? You must be aware this employee will often sue you. This will then let you use anything you find on the computer as substantiation in a litigation. Commonly when you want to get rid of a sick or disabled jobholder, it's not because he or she's infirmed.

The good news is, for most dismissals, the jobholder foregoes asking for legal advice, signs the first offer and gets on with his life. Make sure your sample written memorandum of termination includes space for this. The termination memorandum is an important document not only for the firing meeting but also for legal purposes if the employee files a unlawful termination suit. Somehow, the legal advisers for these bad ex-workforce have made everyone afraid to tell the truth about their clients. To combat this layoff, it's important that you make an example of a worker committing the theft through quick punishment. You will need it if the jobholder files a suit or grievance for a improper layoff. So you should only inform the hr department and any witnesses who must attend the dismissal meeting. Your directives are a substantial part of the warning, and the worker can't change them through his rebuttal.

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Need more info? Our recommended employee termination approach.