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By Rossie D. Alston, Jr. and Glenn M. Taubman (Revised and Updated) (1) Introduction. Whether they know it or not, employees in a unionized workplace have a choice to make: they More
RELATED INFORMATION: If the hiring manager isn't available, then transfer the bad employee to a manager in her protected class. It also should inform the jobholder about his benefits. And, before he or she knows it, some opportunistic legal counselor is calling them on the phone asking for a $100,000 (or more) settlement for the "wronged" employee. This process should include your lay off memorandum which gives plenty of substantiation to support a case for lay off. Although your small business likely has a "name, rank and serial number only" reference policy, likely your managers and employees are giving reference interviews against the policy. Before you start the layoff, you should read the executive's employment contract thoroughly.

Here's what else you need to know. First you should set up clear and effective rules about lay off. Disobedience is the act of defying authority. Before writing this memorandum, you should gather as much recorded evidence as you can to support your case. If I layoff my insubordinate employee, I can count on losing a lawsuit. When you have a insubordinate individual, you must carry out the employee separation program suitably. Either offer the jobholder his job back or give him a settlement in return for his assurance he won't take suit. If you find these allegations to be true, you should offer to rehire the separated employee if she was a victim of the bias. Before bringing in the jobholder to your office, jot down a few notes to think about why you should terminate the employee. (And those in your management chain and those in Human resources who need to know.)