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May 22, 2011

o Has her legal counsellor send (Employment Termination) you demand

o Has her legal counsellor send you demand letters to complain about illegal treatment or to ask you to clarify your actions. Certainly, this is only if you are going to offer this worker discontinuance wage or benefits. o Does the punishment (the firing) fit the crime? You should to get both sides of the story, so interview everyone and explore every incident. o The employee has worked for you for 5 years or more. Since the risk of a legal action is higher with a FMLA worker, you should consult your hr department and your small company attorney-at-law. Once you complete the report, you should give copies to your manager, the terminating supervisor and the company attorney-at-law, if you have one.

Therefore, treat this situation like a high-risk layoff. Some items you should include are dates of employment, the nature of employment, and the reason for layoff. This makes a solid case for the firing, and any legal adviser will have a more difficult time finding a loophole in your firing procedure. When you ask a high-risk worker to leave, you're paying him to plan his legal case against you . This will help not only the worker, but also the employer and the workplace morale. To keep yourself out of jail, you shouldn't call up everyone in your industry even if your ex-worker has screwed you and the small business over. These goals and measures should be reasonable for the problem employee's job and experience level. Regardless of how eloquent or how "right" you are, the administrator will probably grant unemployment benefits to the ex-worker once she receives your questionnaire. This is not an emotional battle, so don't get involved with the difficult behavior.

Filed under Handling Difficult People by Admin

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