Our employee discipline procedure up to and including termination

May 5, 2009

Sample Employee Discipline Letter - Before becoming overwhelmed with the thought of dealing

How a confused employer finally figured out employee discipline and termination.

Before becoming overwhelmed with the thought of dealing with insubordinate employees, consider the following tips to help you on your way. Workers are fired for many reasons. If the drug or alcohol abuse while on-the-job causes the disobedience, then the obvious solution would be to separate the employee. Also take time to point out company policies and procedures so the employee is made aware of them. Although the Americans with Disabilities Act states you cannot terminate an employee due to their disability, it says nothing about them being a disgruntled employee. As long as the outside behavior doesn't affect their work performance or the performance of your small company, you can't dismiss them without fear of a improper layoff lawsuit. Be sure to provide written evidence of what the worker returns both for the worker's records and the business's records. A lay off must not be harsh, unjust or unreasonable to be a fair layoff. ANSWER TO PART A: "Yes." You have a legal action coming for several reasons: 1) You're sacking the 2 workers because they're women and this is wrongful. And they'll react the same way as a regular employee to terminating for "no reason." Even if your worker handbook or collective bargaining agreement says you can layoff a probationary employee for any reason, be sure an opportunistic legal adviser will take her case. Owners should recognize this from the time they hire their first personnel. But like other rationale for dismissal such as misbehavior and poor work habits, you should give the jobholder feedback, training and chances to upgrade.

For example, you may have to lay off the worker on Friday, but can't get a check cut until the next Tuesday. But as with any benefit, you will find some personnel take advantage of the system. For example, if a truck driver gets a drunk-driving ticket while off duty, you can layoff.

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How a confused employer finally figured out employee discipline and termination.