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

January 7, 2011

If you are unsure about how to deal (Employee Discipline)

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

If you are unsure about how to deal properly with an insubordinate worker and how to document the problems you are having with this individual, you might want to attend a firm workshop or take classes at a nearby college. Just get your facts straight and create good solid documentation on why you sacked the worker. Having a sample notice reduces the possibility of mistakes during this time. An employee can claim they were terminated unlawfully if they can show you breeched an implied contract, are retaliating for whistle-blowing, intend to defame them or are involved in fraud. As you may recall from Chapter 4, a high-risk dismissal is one where the employee will sue for illegal layoff (if you sack him) and he'll win in a court trial. If this is the case, you can still work at avoiding a termination by discussing the problem with the worker. Finally if you feel the need to separate the jobholder on the account of many small incidents, you should attempt to isolate the underlying reason behind these reoccurring problems. Any intentional theft of firm property is unacceptable. Sacking a worker can be tough for some people. All bad employees start making trouble long before you begin the firing process. By buying a book written by someone who is an expert in the field, you know the sample employee termination notices are proven to be effective and it will cost a lot less money than a legal counsellor!

If the worker files a unlawful termination suit, you need another supervisor to verify what you said and did in the meeting. If you ask most enterpreneurs and hr managers the most common reason for separating, they will inform you its gross misconduct. The difficulties that come with a difficult individual may seem easily corrected by termination. Have you had difficulty crafting a discipline notice for staff? If the jobholder refuses to sign, document this fact as well and have another supervisor sign that he or she witnessed the worker's refusal.

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