An open letter to every employer wanting to terminate an employee

May 16, 2010

Termination For Cause - Unfortunately, employers many times find themselves facing suit

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Unfortunately, employers many times find themselves facing suit about a termination because they failed to act consistently with all workforce. At times employees either cannot master the necessary skills or simply refuse to do so. When writing a letter of layoff it is important to be straight to the point. Not only will they help the supervisor complete the notice, but they can ensure the manager follows proper firm processes for terminating. What's different between the litigious and non-litigious worker is her reaction to the circumstances and her basic underlying personality. Most workforce respond well to a manager respectfully correcting a performance problem before it gets worse. o Does the worker have a contract (verbal or written) and is the manager terminating only for reasons stated in the contract? When the older workforce find out about the new hires, you must expect a class action legal action for age discrimination. Or, if the employer dismissed him for gross misconduct, then you must give the difficult worker a final written notice, and layoff him the next time he crosses the line . The tone of your separation letter should be firm and not unkind, but at the same time you should not include any tone of apology (unless of course you're downsizing, which is a different case). We are talking about Management 101 here. Therefore, you must discipline and likely go to lay off when a jobholder becomes a behavior problem.

You'll interview corroborators and gather documents to either prove or disprove the insubordination. Never depend on the formal definition of this law to protect you from a improper layoff suit. Sometimes managing a jobholder is difficult because this person's personal life is affecting her or his behavior at work.

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