Our employee discipline procedure up to and including termination

June 12, 2009

Employers Rights - Is the dismissal justified given the jobholder's tenure

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

Is the dismissal justified given the jobholder's tenure with company, past performance history and recent evidence of performance problems? Also, it is important the employee was laid off for no fault of their own, so if the worker was separated due to a remedial reason it may keep them from receiving unemployment. For example, we can't say "resign or be fired." When we give ultimatums like this or make life unbearable for the high-risk worker, the employee can still sue us for unlawful lay off when he resigns. Another recipient is your management. It only reflects my most positive experiences with you at [Your company]. Bad employees exist in any workplace and present a challenge for all managers. This notice is similar to a worker termination letter. Personnel who have the most time with the company have less risk of being fired than those you recently hired.

If your group health plan has a third-party administrator (like Blue Cross Blue Shield), you have 30 days after the employee's separation to inform the administrator. If you layoff for gross misconduct, your papers must prove that a direct order was issued to an employee, that they understood it and that they refused to obey it. Here, you reduce a high-risk case to a medium risk or lower a medium-risk case to a low risk. Associate each item with a date. And they'll react the same way as a regular employee to dismissing for "no reason." Even if your worker handbook or collective bargaining agreement says you can terminate a probationary employee for any reason, be sure an opportunistic attorney-at-law will take her case. It is essential that you prepare appropriately for the termination meeting. * The worker will not be under the influence of drugs or alcohol at work.

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