How to fire or layoff when employment is at will

August 11, 2009

Don't sack workers without papers and before taking (At Will Employee)

What lawyers don't want you to know about at will employment.

Don't sack workers without papers and before taking the time to seriously consider the ramifications. This means that you should also document all training you have provided to the worker as well as all meetings you have had with her or him. Also by addressing the bad behavior directly, you are showing the disgruntled employee that you're in charge and their behavior should change. Besides personally telling this person in a dismissal meeting that you're firing them, you must complete a series of steps before reaching this point. If you must fire someone for an unlawful reason or a stupid one, then follow the procedure for high-risk terminations.

A worker dismissal letter is a formal notice explaining the reason for separation. Are you frustrated by a bad worker who is ruining the company' productivity? If you consistently use employee warnings with a fair policy of escalating discipline, you at least have the peace of mind that you tried your best to rehabilitate your worker. Make it clear there won't be any second chances for the worker to change his ways. Even if your predecessor has documented the bad individual's poor performance and behavior, I still recommend you wait to fire until you have developed your own independent observations. Lay offs, Downsizing, or Going Out of Company. It is also a good idea to have your personnel boss or your legal defender review the letter before presenting it to the worker. While this may seem harsh, the employee's separation is generally best for you and the small business. If she does, consider this a big win for you and the business. * Have an honest discussion with your employee about their job performance and how it is influencing not only your small business but their career. This is important as fired workers may show a range of emotions from tearful acceptance to angry and abusive behavior.

Permalink • Print
What lawyers don't want you to know about at will employment.