December 30, 2010
Employee Written Warning - Far too often employers lose on these claims
Far too often employers lose on these claims simply because they failed to document the reasons on a lay off properly. Also, you may want to consult with a legal counselor before using a layoff notice. Typically, employers don't suspect these personnel of this behavior. Apart from allowing the supervisor to terminate employees with no fear of legal reactions, they will also allow him to avoid any disputes while the jobholder is still working. It should accurately reflect your small business's termination program. In addition, the standards set forth by your exit interview policy will prevent you from say anything the worker can hold against you later. If you decide to lay off for off-duty conduct, this is a high risk lay off. I don't think this is necessary when you obviously state you'll lay off for the next infraction.
If the individual refuses to sign then just note this on the notice and make sure you have a witness in the layoff meeting. Although it is difficult, the jobholder and the workers, you can get through it by following a standard process. Go over any written notice notices or notices that management has provided to the employee in the recent past about these issues. And unfortunately this type of situation does not typically resolve itself. If the problems don't upgrade, dismissing the jobholder may be your only choice. If you separate both, you would get a improper lay off claim for sexual harassment from both women. One of the most trying parts about being a entrepreneur or Personnel boss is dealing with problem employees. Give 2 or 3 chances with formal warnings to increase before firing.