Discipline and fire with peace of mind. Includes employee warning form.

May 5, 2008

Written Warning - A notification of layoff sample is an important

Are you aware of these common mistakes that employers make when disciplining?

A notification of layoff sample is an important document for any company. In my experience, many "not-so-smart" managers still go the "no-reason" or "stupid reason" route when dimissing a problem employee. It is potentially dangerous to lay off a pregnant worker because, under the Pregnancy Bias Act (which is part of Title VII of the Civil Rights Act of 1964), it's unlawful to discriminate against pregnant workforce. After you give 3 warnings and the problem employee fails to upgrade his attendance, you can sack him legitimately. In short, you agree not to take lawsuit against the Company for employment claims.

During your discussion, you must inform the at will worker what he or she did wrong, inform her or him the actions you'll take, and warn her or him of the consequences if the action reoccurs. Why is it the worst at will employees, the ones that you simply must fire, are always the ones most likely to sue you? Ideally, having a third party conduct the exit interview or having the employee fill out an exit interview form before they leave would yield more honest and objective comments. For example, you can lay off a low-risk employee immediately, but it may take months to fire a high-risk one. Both procedures use escalating discipline to warn the worker and document the problem. The longer a disgruntled individual continues to make problems, the worse the workplace environment will become. In the military, service workforce are not obligated to follow improper orders and the same holds true in the civilian employees as well. Find a way to inform your employee that you must speak with them, whether by speaking to them, sending them an email, or leaving them a note on their desk. Lastly, you must ask for approval to dismiss. If you don't inform a worker the reason for the firing, or if the dismissal is about his conduct or productivity and you don't give him the opportunity to correct the behavior, you may have a improper dismissal claim on your hands. After all, even those workforce without disabilities file lawsuits against their employers claiming that they have been discriminated against.

Permalink • Print
Are you aware of these common mistakes that employers make when disciplining?