November 20, 2011
Termination - Unquestionably, the worker will infer the "fit" problem
Unquestionably, the worker will infer the "fit" problem is a pretext for an unlawful reason. Writing a considerate and professional dismissal notice is difficult and writing one under stressful, emotional circumstances is even tougher. Writing a Termination Notice: A Key to Proper Preparation. The first paragraph should outline that it serves as a written notification, the rationale for the written notification, and the cause of the employee receiving the written warning. State directly that you're separating the worker and the effective date.
This preparation makes the procedure easier on both you and the employee. The key is to discipline on-the-job behavior and not personalities or lifestyles. To do this, you will need to coin an employee separation memorandum that details the reason for lay off and the effective date of separation. Unfortunately, there are binding contracts or unionized contracts out there that make it nearly impossible to lay off a worker, even if he or she is not producing quality work. Of course, expect to settle with the jobholder and her legal counsellor, but this will frequently be cheaper and less disruptive to the department than leaving her job open indefinitely. To keep yourself and the small business protected, there are several basic standards to follow when creating a worker separation memorandum. o When a resignation qualifies for unemployment. o A reference memorandum from you or from the jobholder's manager. Remember the facts you must prove and focus on them. Name-calling, especially in the presence of other workers, is unacceptable and may result in rehabilitative action for misbehavior. o Put all the employee's take home materials (dismissal notification, separation contract, COBRA notice, final paycheck and severance check) into a folder for easy access.
