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September 16, 2009

You fire the employee and offer a lowball (At Will Employee)

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You fire the employee and offer a lowball (but increased) severance package in return for a release. Since the jobholder will probably only bring himself as a witness, you'll have a two-to-one advantage. Generally this employee thinks she has an "in" with your supervisor, and your supervisor will stop this separation as soon as he hears about it. Under such circumstances, the jobholder does not have to give the boss the reason for leaving her or his current position. Take the time to gather necessary documentation, including an employee termination form, and call the jobholder in for a conference when tempers have had a chance to cool off. While you should treat these excuses with a certain degree of fairness, use your employee handbook and standard policies to your advantage. Usually, this date is immediately. There is nothing to apologize for as you made every attempt to work with and help the worker before layoff. This is all the substantiation you need to sack immediately.

The company can use this evidence if the employee files a law suit. To prevent this from happening, you should understand the basics of writing an employee dismissal memorandum. You can be specific about incidents that have happened (or not happened), and you should state the rationale for your concern. The boss will have to issue one of these to the employee when he or she repeats the inappropriate behavior thus ignoring the boss. There is nothing to apologize for as you made every attempt to work with and help the employee before layoff. When the need for job termination arises, it rarely surprises the boss or the employee. Mention how the incidents in these warnings affected the employee's projects, coworkers and department.

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