March 10, 2011
Termination For Cause - Second, make sure no manager fires an employee
Second, make sure no manager fires an employee without giving a reason. You're only safe if the worker resigns to take another job or to go back to school. This includes writing letters for workforce you separated for cause and those who were jerks. Unprepared managers will find dimissing a disabled worker tough. o For poor productivity: You fairly evaluated the worker against a reasonable job standard or expectation. The most common rationale for terminating an employee are underperformance, bad conduct and insubordination. Whether it is a reality or an unforgiving employee trying to get "even", you should deal with unlawful employment termination claims before they get to court. Once they know what they are doing wrong and how to fix it, they will increase.
Of course, guideline schedules vary. You'll look like an idiot, the jobholder will be angry, her lawyer will have a field day and the jury will give the employee a big illegal layoff award. The disgruntled individual often might have a story to go with their smart mouth or attitude. Your rationale for lay off must be separate from the FMLA issue. You or your manager should have the right legal documents in place before you begin lay off procedures. This will give you peace of mind when dealing with this difficult employee. With a "good" worker, the verbal notification will scare him into immediate improvement.