Business Owners & HR Professionals...
Some straight talk from an expert on layoffs and firings. Sample layoff letter.

September 11, 2007

The next chapter (Dishonest Employee) discusses methods for low and

Terminate fairly for both your business & the employees. Our recommended approach

The next chapter discusses methods for low and medium-risk dismissals meetings. This directive must be reasonable, ethical and well within the worker's abilities. To keep yourself out of jail, you shouldn't call up everyone in your industry even if your ex-employee has screwed you and your small company over. When they separate someone, they just want the data for their specific case. o Documentation proving the facts including written discipline warnings, the lay off notice and the worker handbook showing the company rules of conduct (if you have one). Unfortunately, there are binding contracts or unionized contracts out there that make it nearly impossible to lay off a worker, even if he or she is not producing quality work.

You offer a dismissal package which is better than your normal package. This is always a concern if the worker decides to take you to court for wrongful termination. This removes any confusion and keeps the jobholder from stating that they never received the layoff memorandum. The business may want to add other information to the worker warning form. This is especially true if you are separating the jobholder who "for cause" (intoxication on-the-job, sexual harassment, physical and verbal abuse, theft of company property, and the like). The "misconduct" alternative is usually better than the "job elimination" alternative because with job elimination, state laws often compel you to hire the employee back even for a lesser position. This is true whether you're an Hr manager or small business owner who should deal with workforce issues. Once you decide this is a low-risk termination, you dismiss immediately and give your standard discontinuance package to the worker. These are different circumstances frequently involving difficult employees. Make sure you check off the termination reason and there is room for management to give a full account of the incident that led to the firing.

Permalink • Print
Terminate fairly for both your business & the employees. Our recommended approach