October 31, 2007
The Human resources (At Will Employment) department should approve all terminations.
The Human resources department should approve all terminations. The more probably outcome is the jobholder ignores your warnings or only gives a halfhearted attempt to upgrade. Many managers, owners and hr professionals believe you need an employee handbook before you can fire someone. Once the jobholder has had his or her say, management can decide whether the jobholder is guilty of misbehavior serious enough for layoff. Often, the managers have lawful reasons for the dismissal such as bad performance or repeated misconduct. Then you must put that individual back on the payroll. This also includes situations where the jobholder's doctor says the he or she cannot return to work for a time period exceeding the 12-week maximum. Escalating discipline is a method for rehabilitating a problem employee.
The written documentation about the lay off should ideally include a series of progressive discipline actions. Make sure you obviously explain any behavior that is reasons for immediate dismissal in the worker handbook. Sometimes managing an employee is difficult because this individual's personal life is affecting his or her behavior at work. To make your life easier, you'll find fill-in-the-blank termination notice templates in the jobholder Lay off Toolkit which came with this edition of the Guidebook. This specific notice generally follows the employee warning notice. Since the risk of a law suit is higher with a FMLA worker, you should consult your hr department and your business legal defender. The boss will have to issue one of these to the worker when he or she repeats the inappropriate behavior thus ignoring the employer. Often terminated workers will file lawsuits because they feel the firm treated them unfairly during the termination process.