September 17, 2009
The worker lay off form can be a (Firing An Employee)
The worker lay off form can be a strong line of defense if you become involved in litigation about separating a worker. When you go to write a specific notice, remember: this will likely not come as a surprise to the employee. The employee will often believe such remarks suggest illegal discrimination. Often this is all the motivation an employee wants to upgrade.
She'll obviously file a litigation saying the "real" reason you laid off her was because she's a woman, not because she missed the forecast. Unfortunately it is easy for a dismissed at will worker to bring a case against you claiming you had no real ground for layoff. Therefore, in her mind, an illegal reason was your motivation and she'll hire a legal adviser. Separating a high level employee garners much attention from other personnel. This means you must develop guidelines for worker termination and apply them in a consistent, but fair manner. This will break the chain of good job reviews which the jobholder could use against you in court. The closeness in which you were planning on terminating the worker after finding out about the pregnancy will not harm you in a pregnancy discrimination case. Make sure the jobholder can't do anything to harm the business once they learn they are longer employed. You also cannot refuse to hire a individual on the account of a disability if they meet the qualifications and their disability will not prevent them from performing the job. This can lead to a suit for the firm and the employer. The bad employee can be outgoing and blatant or passive aggressive.
