October 28, 2007
Remember you have to (Forced Resignation) let the bad employee
Remember you have to let the bad employee be the first to mention resignation for it to stand up in court. While you clearly can't discuss the rationale for the dismissal with your other employees, you should call them together in a meeting and make clear the high level worker will no longer be working for the company. Since law will force you to give the reason anyway, you might as well include it the termination notification. o Could the jobholder believe you're sacking for an unlawful, stupid or "no" reason, even when it's not true? You can handle most worker performance problems by giving a verbal notice. When the jobholder has exhausted his 3 chances, you can terminate him for terrible productivity. They are not mostly in the termination manager's direct chain of command, so the jobholder may feel more open to discussing departmental problems. The statute of limitations for most unlawful termination actions is no more than 3 years.
This is true for almost everyone you separate or layoff. When your illegal separation suit goes to trial, the jury will laugh at your stupid reason just long enough to give a whopping large award to your ex-employee. o Does the papers show clearly this termination isn't retaliation for whistle-blowing, a harassment complaint or filing of an employment action? You must collect as much proof as you can. The human resource employees believe the executive workers are paying them, signing their checks and orchestrating the affairs in the workplace. o Could the worker believe you're terminating for an illegal, stupid or "no" reason, even when it's not true? Some experts claim it is better to sack a individual on Friday while others say you should do it early in the week. Your worker should give your fair warning that they need an extended leave of absence.