Firing underperforming and insubordinate employees.

February 26, 2008

o Threatening to go to the EEOC, government (Terminating A Employee)

Don't let an insubordinate employee worry you. Here's what to do.

o Threatening to go to the EEOC, government authorities, the press or upper management about business wrongdoing or to assert his or her lawful rights. To develop your guidelines for worker termination, work with your legal department. Separating Workforce with a Professional Outlook. Understanding Gross misconduct in Workplace Environments. These require template letters. Or, if the worker came in high from illegal drug use, you must bring witnesses who can testify to his erratic behavior and physical characteristics (like bloodshot eyes or smelled like pot smoke). When you must layoff or RIF (reduction in force) several personnel at one time, the methods are different from those of a single terminating. The worker can get up to 26 weeks compensation in any 12-month period. You must not display anger during the lay off interview.

This makes a solid case for the termination, and any legal defender will have a more difficult time finding a loophole in your dismissing procedure. When it comes to sacking employee problems, you must always follow proper processes. This will keep you out of trouble even if later substantiation or the worker's attorney-at-law proves your conclusions wrong afterwards. The jobholder's legal defender will prove your small business has a loose policy, and other workers, whom you didn't separate, have worse track records. Verbal warnings used to be just that, but with the increased risk of lawsuits, you must document. Remember, when it's not written down, most juries won't believe you.

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Don't let an insubordinate employee worry you. Here's what to do.