January 28, 2009
Termination For Cause - It may be a videotape of a worker
It may be a videotape of a worker stealing, repeated warnings of tardiness or failure to show up. Just be clear it's the worker's responsibility to meet deadlines you assign to him regardless of circumstances. In addition, it should provide you with tips and advice in case the jobholder files a grievance or a litigation against you for unlawful termination. In a recent Cornell University study, researchers found that how the business sacked the employee was a major factor in any resulting suit. For example, you don't want to say in a department meeting, "We are looking to get some new blood in here." Then, a week later, you sack a poor performing 56-year old worker. First, if you're sacking the employee for an illegal reason (for example, because she's a Muslim) or on the account of a stupid reason (for example, she started dating someone you don't like), then PLEASE DON'T put your reason down on paper. Document your meetings with the employee and document any programs he or she must attend. If the lack of attendance or tardiness continues, you may run out of warnings or remedial actions cited in the employee guidebook. HIGH RISK Dismissals - You negotiate a release before separation. Have the jobholder sign the notification. If you're a top level boss, have one of your senior managers or have an employment legal defender review it.
It may not be the contrite demeanor you would wish; the jobholder may respond in anger. However the worker disobedience occurs, you must be confident in your approach and prepared to deal with it. As Dr Franco Gandolfini notes, 60-70% of your personnel will be indifferent, 10-15% will be openly hostile or subtly try to sabotage the changes to show management it has been ineffective. After the interview is over, the administrator starts a fact-finding method to decide eligibility.