Updated: How to fire someone. Step-by-step.

October 24, 2008

Document the layoff through escalating discipline or probe (At Will Employment)

You don't need an air tight case to fire someone ... but you need to know these factors.

Document the layoff through escalating discipline or probe of gross misconduct. If you choose to mail the memorandum to the worker, then be certain you use certified mail. After the laid off employee has left, then you should meet with her coworkers to let them know. A sample termination memorandum for a bad attitude employee must include all the standard items in a general sample notice. Again use progressive discipline to create satisfactory documentation and prove you gave the sick and disabled worker chances to improve performance. For example, the boss can rate the worker from a 1 to a 5 where 1 is an excellent employee and 5 is someone who desires continuous coaching and retraining. He can never sue us for illegal termination if we never terminate him. 4) How to terminate an older employee.

Here it is a good idea to have a representative from personnel to aid you. Although the small company likely has a "name, rank and serial number only" reference policy, probably your managers and personnel are giving reference interviews against the policy. Even if you separate for an illegal reason, you can significantly cut your chance of a legal action by treating the worker well during the lay off procedure. I hope you now see that terminating a bad individual while not "fun" is the only recourse you have when you want to improve results and morale. If left unchecked, it can snowball into a major problem that affects more than just one employee. For more detail, Chapter 6 shows you how to build a strong case using escalating discipline and Chapter 7 covers investigations for gross misconduct. At the same time, the lay off should take place within a week after the incident that triggered it. The next week you shockingly discover your former jobholder has filed a unlawful employee termination suit.

Filed under Firing An Employee by Admin

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You don't need an air tight case to fire someone ... but you need to know these factors.

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