February 11, 2010
Insubordination - As most of us know, the worker isn't
As most of us know, the worker isn't eligible if he quits voluntarily. As a supervisor, you should set clear directives in writing. The longer a insubordinate employee continues to make problems, the worse the workplace environment will become. Lastly, the most common mistake I hear is something like, "We terminated Joe because he just couldn't get the job done." You now know this isn't a layoff because you're not firing Joe because of a business need. In other words, do whatever you can to change the insubordinate worker's annoying habits or lay off the employee outright. As a business owner or Personnel supervisor, writing a lay off letter may be one of the more difficult parts of your job. Consciously or subconsciously, the worker facing termination, will often begin offensive behavior to make it more difficult to let her or him go. If you take the time to collect this information before you fire a worker, it will make the lay off go more smoothly and prevent legal problems later. Even when firing an "at will" employee, the supervisor should exercise care in wording the grounds for the lay off. If we do the math, this adds up to unanticipated cost for the business. However you decide to layoff workers, you should do it consistently.
Ask the company's Hr department (also known as the employees department). For example, if the worker is on notice for excessive personal phone use and he ignores the warnings, you'll probably separate him within 1 1/2 weeks. And, a paid suspension sends a bad message to the difficult worker who's getting a paid vacation. And, a jury won't find your reason credible because you have nothing in writing or you never gave the worker a chance to upgrade. You might even find yourself battling legal charges if the jobholder feels that your layoff was discriminatory or that your layoff did not have a solid basis.