June 11, 2007
The first step in to correct gross misconduct (Employee Separation)
The first step in to correct gross misconduct is clear, concise communication to the employee. This separation has a different set of standards from those of separating an "at will" hourly wage worker. Your report of the inquest serves as your documentation justifying the firing. This creates recorded substantiation that all workers know the workplace standards. Certainly, getting the ex-worker's signature on the package will stop any expensive law suit regarding his employment. No wrongdoing or inconclusive evidence - The employee goes back to work with counseling on how to stop the future appearance of wrongdoing. You can specify a clause that if an employee is separated for certain reasons, than they will not be eligible for any severance benefits. When you terminate for bad reasons, you'll likely be in court or settling for an absurdly big amount with the problem employee.
On the other hand, if the employee brings a copy of a notice he wrote to management, then this is acceptable substantiation because it's firsthand knowledge. Once you have stated your rationale for terminating, give the details of the firing package. This could mean fighting every claim, but I recommend against this for reasons I gave in the previous section. Your Human resources department may have a procedure for tracking FMLA leave which you and the jobholder should use. For the most part, after you dicker with her attorney-at-law over the package, you'll get her resignation and her release. With this alternative, you use your management and leadership skills to rehabilitate the worker. The letter must not only present the firm in a good light, but it also removes any loopholes a former employee could take advantage of in court. While it creating one template for all termination notices is ideal, this is not a realistic expectation.