July 7, 2010
Employee Written Warning - When done properly, it provides protection from workers
When done properly, it provides protection from workers trying to file an illegal layoff suit. o A separation agreement you expect the jobholder to sign when accepting an increased severance package - Typically, a jobholder has 3 weeks to sign-up for this package. The ex-worker's legal defender will use it against you in court. Remember to communicate directly in the notification and to give the dismissed worker a little space. The employee dismissal notice is key to this process. This leads to the jobholder feeling you didn't give him his "due." In such cases, suspend the worker for 3 days with pay to let everyone's emotions cool off, carry out a fair probe and prepare a proper dismissal.
Nothing can be more difficult then sacking a pregnant employee. Therefore, you'll be offering an increased severance in return for a separation document. Or better yet, take some time (90 days or so) and use escalating discipline to document his productivity problems, and turn this into a cheaper medium-risk layoff. What you communicate to the employee, to others or to "the file" should never make any reference to an improper reason. We briefly covered gathering evidence using escalating discipline and investigations in the last chapter. When a jobholder changes his mind about resigning or retiring, you only have two choices. When you lay off an executive for poor performance (with or without a contract), it's frequently for his department's lack of results and not for his personal behavior. You must have a legitimate reason for terminating the jobholder, and you must communicate this reason to your employee. o Because she was a victim of sexual harassment.