How to give a written reprimand & terminate, if necessary.
Why is it the worst employees, the ones that you simply must fire,
are always the ones most likely to sue you? Many small business
owners and Human Resources Managers find themselves asking this
question. They must know how to terminate an employee while limiting
their liability if the case goes to court. With the sue-happy nation
we live in, it is easy for a terminated employee to bring a case
against you and claim that you had no real ground for termination.
In fact, the employee may claim that you discriminated against
him or her. This can get you in both financial and legal troubles.
Therefore, you must know how to terminate an employee properly
to keep yourself out of hot water.
How to Terminate an Employee Step 1: Document
The first step you need to take when terminating an employee is
to document everything. You may think that writing down every little
detail is time-consuming and tedious – and it is. Nonetheless,
it is necessary. Pay attention to details when documenting problems.
This can be a life saver if legal troubles follow the termination.
Make sure you write down everything that took place, including
the situation, the time it took place, and the actions you took
to correct the problem.
How to Terminate an Employee Step 2: Discuss it with the Employee
In step two, you must discuss the issue with the employee. During
your discussion, you must tell the employee what he or she did
wrong, tell him or her the actions you will take, and warn him
or her of the consequences if the action reoccurs. Document this
discussion and have the employee sign paperwork proving you addressed
the matter and that he or she is aware of the outcomes.
Sometimes, an employee will refuse to sign this documentation.
If this is the case, have another supervisor sign as a witness
to your discussion. If there are no other supervisors, document
the date and time and note the employee refused to sign.
How to Terminate an Employee Step 3: The Exit Interview
If you have completed the first two steps in the termination process
and the employee still is not working up to your expectations,
it is time to begin termination proceedings. To do this, you will
need to coin an employee termination letter that details the reason
for dismissal and the effective date of termination. It should
also include whether the employee is eligible for rehire and any
benefits that he or she may or may not still receive after termination.
Finally, sit down with the employee and discuss the termination
letter. Keep the exit interview brief and avoid saying too much,
as anything you say can be used against you later if the employee
decides to file a lawsuit.
The
consequences of ignoring a bad employee. Written reprimand & termination
forms.
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