Your employer rights and choices with bad employees

July 6, 2008

California At-Will Employment - Checking In: Trump?s Adventures in the Land of Golf

When you're considering firing someone, here are some factors to consider


Donald Trump?s project for a golf resort on the northeast coast of Scotland, near Aberdeen, hangs in the balance as environmentalists say the rugged coastline should be left undisturbed.


In fact, he probably has been building a case against the firm in preparation of a wrongful lay off suit. If your business can afford it, you should offer a package to each worker which is better than your guideline package. It shows a jury you carefully considered the lay off before carrying it out, and you gave the problem individual "due procedure." It also shows someone else in the company supported the decision.

As a supervisor, you must know not only what a worker firing notification is but also what it should include. If she fired him, could her baker come back and sue her for illegal layoff? If you're comfortable with the risk level and the cost, then just go ahead and show the difficult employee the door. Estimate your risk of a litigation with each person on the "hit list.". (By the way, if the worker asks to read it over before signing, this is acceptable. If you strip a worker of that, it can cost your small business more than a weekly paycheck. Although you can't prove the insubordination, the employee still has a productivity problem. You can also choose to layoff someone because they are not meeting productivity expectations or even if they have a bad attitude. Gross misconduct and firing commonly go hand-in-hand. Instead, give the worker 2 or 3 chances to improve through formal warnings over a reasonable period of time. In fact, he probably has been building a case against the company in preparation of a unlawful separation suit. If the worker signs a release in return for your standard package, her legal counselor will have a field day.

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When you're considering firing someone, here are some factors to consider