Employer's guide to handling difficult employees

April 20, 2009

When bringing a jobholder in the office (At Will Employment) to

Handling difficult employees? Here's what you must do before they destroy your business.

When bringing a jobholder in the office to discuss problems, management must discuss the problem and further action if the problem continues. Most states invoke labor laws like employment at will which says the supervisor may fire any employee at any time, for any reason. This one small mistake or omission can mean the difference between a judge finding you guilty of improper separation or successfully ridding your small business of an employee. You must to prove your point, proceed with the lay off and then go about business as usual. Provide specific grounds for dismissing the jobholder, their problem behaviors and dates these problems occurred. While these worries are genuine, you shouldn't be too worried. This is especially important if your proof for sacking involves rumors or eyewitness accounts from other workers. The ADEA requires the separation settlement and release of claims to meet certain legal criteria such as a 21-day signing period and a 7-day cancellation period. You may believe an employee is doing something against the rules or that puts him or other workforce in danger, but have not been able to witness the employee engaging in these actions.

Your report of the examination serves as your papers justifying the termination. The layoff will be effective from (mention the effective date of the layoff). Often the jobholder and the manager represent themselves without attorneys-at-law. Terminating a jobholder has far-reaching ramifications beyond seeing the back of the individual leaving your building and knowing what to say when that process becomes necessary is an important matter. You'll look like an idiot, the worker will be angry, her legal defender will have a field day and the jury will give the worker a big unlawful termination award. The firing letter is an important document not only for the firing meeting but also for legal purposes if the jobholder files a wrongful dismissal legal action. o Could the jobholder believe you're sacking for an illegal, stupid or "no" reason, even when it's not true?

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Handling difficult employees? Here's what you must do before they destroy your business.

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