July 2, 2009
If you are dealing with (Employer Rights) a problem individual
If you are dealing with a problem individual and need a paper trail in case a layoff is necessary, a worker written warning is a good place to start. For example, did you present the employee with a obviously written out job description and go over it together? Likely the accused worker will insist he didn't do it. If he files a improper layoff lawsuit, you'll have a more difficult time defending your position. Labor-intensive tasks can't keep pace with automated competitors and businesses should stay abreast of the times or go out of business altogether.
The difficulties that come with a difficult individual may seem easily corrected by layoff. Keeping these steps in mind will make the dismissal program easier for you and the jobholder. Lastly, if you have tried everything to either get rid of the bad worker or fix his behavior, then you have 2 alternatives. For example, when the worker brings a notification from a coworker to confirm his version of events, this note is hearsay proof. Rarely is an employee ever fired on the spot unless that individual is a threat to the safety of other workers or involved in criminal activity. And they'll react the same way as a regular employee to sacking for "no reason." Even if your worker handbook or collective bargaining agreement says you can layoff a probationary employee for any reason, be sure an opportunistic attorney-at-law will take her case. It helps foster a sense of goodwill that will help the overall moral of the company. After all, an employee that is misbehaving is one that believes he or she can make and live by her or his own rules. A insubordinate worker can negatively impact your small business by projecting a misrepresentation of your business onto potential clients. In the employee reprimand you should state what the expected performance is and what the consequences will be should the jobholder fail to meet it. If the company does not have a legal organization, use an independent attorney-at-law.