January 5, 2009
Fire An Employee - Seldom is the "real" reason for the termination
Seldom is the "real" reason for the termination an illegal one. Since every firm is different, you may want to alter the sample termination notices to fit your small company or industry. The most common rationale for separating a worker are underperformance, bad conduct and disobedience. Other employees may file suit against you for failure to act on the problems you are having with the worker. You'll have to write the notification yourself. Remind the termination supervisor to always use a professional tone and to stick to the facts. When giving a reference, you should disclose information the future employer desires to know about your ex-employee. Often, this meeting is a blur to the terminated employee, and he only partially hears what you say. Not only does it lower your chance of a illegal separation suit, but it sends a message to your good employees you won't dismiss them on a whim. The conditions of your separation will have an impact on your final paycheck, severance package, and your final benefits although we will discuss these with the finance department to ensure that you reimburse the firm properly. Therefore if an ex-employee is a cheat, delusional or bitter, she may decide to sue you for unlawful separation. Your writing should be understandable to someone outside the business.
To help in a suit, you should impound the employee's computer. Question: I've several workers to lay off. This should include the dismissal notification, separation settlement, final paycheck, severance check and COBRA notice.