December 8, 2007
Employee Misconduct - Low And Medium Risk Dismissal Checklist (Cont'd.) In
Low And Medium Risk Dismissal Checklist (Cont'd.) In exchange for the package, you want the jobholder to give you a signed release of claims. Before presenting the preparation program, we'll discuss a few common questions I get from cautious supervisors. After all, you must be certain the paperwork is accurate and that you have gathered enough evidence to justify the termination. (I've included a cover note template in the worker Lay off Toolkit at the end of this book.
First you should set up clear and effective rules about lay off. Even if you are not the one who has suggested the termination, you may quickly have to create a dismissal letter that covers all points before security escorts the employee off company property. If you are separating the worker for drinking on-the-job, for instance, do not beat around the bush. In Montana, the law requires any termination to be "for good cause." But as you learned in the last chapter, federal and state governments and judges have created over 30 laws preventing employers from terminating for improper reasons. The difficulties that come with a problem individual may seem easily corrected by termination. If you keep a problem individual on the payroll too long, it will hurt both the working environment and your profits. Either way, this means you'll likely avoid an expensive suit. As a supervisor, you should know not only what a worker firing notice is but also what it should include. According to the theory, the employers do not have to make clear why they terminated their jobholder. For high risk dismissals (where the jobholder will sue and you'll lose), you never "officially" sack the jobholder, so you don't need a notification. I hope you now see that sacking a difficult individual while not "fun" is the only recourse you have when you want to improve results and esprit de corps.