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

November 5, 2009

Fire An Employee - Once one employee gets away with problem behavior,

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

Once one employee gets away with problem behavior, this gives other workforce ammunition for that same behavior. Certainly depending on the circumstances, you may eventually have to terminate the worker if their illness becomes a permanent condition that will not allow them to return to work. To win your case for a misbehavior disqualification, you must prove these facts. Therefore, you must use your most "bulletproof" reason in your letter.

o Put all the employee's take home materials (termination memorandum, separation settlement, COBRA notice, final paycheck and severance check) into a folder for easy access. With the 2 sales professionals, I would've either kept both of them or dismissed both of them. We know executives are different from rank-in-file personnel, and they need to be treated differently during the termination process. Some enterpreneurs and personnel personnel tend to lash out at troublesome workers, causing a scene in the workplace and possibly doing more damage than the troublesome worker. Many lower courts have given new protections to workers making "at will" almost meaningless. When Dimissing a Disabled Worker is Necessary. So, you have a solid case against the employee. You must contact someone in your Personnel department or your third-party administrator to get the necessary COBRA paperwork. The terminations for business reasons are different from those for productivity, minor misconduct or gross misconduct. There is no excuse to dismiss good manners. Next, present how you followed proper policies and laws, and, therefore, you and the company have no choice but to dismiss the employee now. This is because fired personnel often read your expressed feeling of regret as an admission that you have done something wrong.

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