November 20, 2007
The termination memorandum is a substantial part of (Employment Termination)
The termination memorandum is a substantial part of the dismissal process. To protect workers from unfair treatment, the courts have set up various federal and state laws. o Gross disobedience (not following a substantial order from supervisor). For the most part this employee thinks she has an "in" with your manager, and your manager will stop this layoff as soon as he hears about it. With the layoff, you should have a well recorded case for cutting the worker's job. Now a jobholder has violated a direct order.
o Have you thoroughly recorded the company reason for the worker's job elimination and is it unlikely you'll refill this position within the next year? The most common rationale for terminating a jobholder are underperformance, bad conduct and gross misconduct. Commonly separating a jobholder is highly stressful for everyone involved, including the firing manager. You should decide a course of action for the "hardest" part of your job - sacking a jobholder. The good news for you, or your subordinate, is the terminated employee will likely not return. Second, make sure no boss fires a jobholder without giving a reason. You will need it if the jobholder files a suit or grievance for a improper layoff. To keep legal problems at bay, managers should give "at will" workforce a worker notice of dismissal. With a medium-risk layoff, your legal exposure is larger because the employee has a litigious nature or because your evidence is inadequate.