December 19, 2007
Termination - The worker will, certainly, claim the "real" reason
The worker will, certainly, claim the "real" reason for her termination was because she took workers' comp, and she'll get an attorney-at-law to sue you. This leads to the next item you should include in your dismissal letter, the facts. Our sample notification of layoff for an employee should give you an idea of how the procedure should work. Therefore, you can't be sure the sample is proven to be an accurate way to write a memorandum. Normally, you use progressive discipline with the worker who has performance problems or repeated minor misbehavior. Your letter should also make clear the employee's rights and responsibilities. o If you're disciplining instead of separating, you should write the final written notice according to the standards of Chapter 6. This note should say based on some recent incident and a careful review of the difficult worker's application materials, you suspect the jobholder's application is fraudulent. This is because failure do employee investigations before dismissal proceedings can lead to lengthy legal battles - and you might find yourself on the losing end. When an employee changes his mind about resigning or retiring, you only have two choices.
To prevent having discrimination charges brought against you, however, you must give all of your employees a test. When it comes to dimissing workforce, it is imperative that you follow standardized methods and that these methods are established well before the need to fire a worker presents itself. The moment you suspect employee theft, gather evidence and decide punishment. Writing a layoff notification is a most important step in the fair and respectful termination of a jobholder. o Tells you or others she'll sue you for various grievances including possible separation. The memorandum must make clear you are ending this person's employment and give the effective date.